JUDGMENT :

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 10.06.2005 passed by the learned 3rd Additional Sessions Judge, Garhwa in Sessions Trial No. 485 of 1995 corresponding to G.R. Case No. 342 of 1995 in connection with Garhwa P.S. Case No. 98 of 1995 whereby and whereunder the appellants were convicted for the offence punishable u/s 147, 323, and 324 of the I.P.C., 1860. Further they were sentenced to undergo 3 years R.I. u/s 324 of I.P.C., one year R.I. u/s 147 of IPC and six months R.I. for the offence punishable u/s 323 of IPC and all the sentences were directed to run concurrently.

2. Prosecution story in brief as alleged in the F.I.R. coming out of the beyan of the informant/ victim recorded and reduced into writing by the Officer-in-Charge of the Garhwa P.S. B. Ram and then registered as Garhwa P.S. Cas No.- 98 of 2005, is as under:

The informant Manjaha Bibi (P.W. 3) was learning the art of witchcraft from Nazir Mohammad and his daughter, resident of village Sangrahe Khurd to exhibit the application of witchcraft, she was to offer a small baby who was weaned from the mother’s milk for sacrifice and for that she had to br