JUDGMENT :

Heard Mr. Jitendra S. Singh, learned counsel for the appellant and Mr. Manoj Kumar Mishra, learned A.P.P. for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 21.12.2011 passed by Sri Om Prakash Pandey, learned Principal Sessions Judge, Gumla in Sessions Trial No. 15 of 2009, arising out of Bishunpur P.S. Case No. 26/2008, corresponding to G.R. Case No. 554/2008, whereby and whereunder the appellant has been convicted for the offences punishable u/s 302 of the IPC and Sections 3/4 of the Prevention of Witch Craft (Daain) Practices Act and has been sentenced to undergo R.I. for life along with a fine of Rs.20,000/- for the offence punishable u/s 302 of the IPC, R.I. for two months and a fine of Rs.1,000/- and R.I. for six months and a fine of Rs.2,000/- for the offence punishable u/s 3/4 respectively of the Prevention of Witch Craft (Daain) Practices Act.

3. The fardbeyan of Chaitali Kumari was recorded on 26.06.2008 at 8:30 A.M, in which it has been stated that on 25.06.2008 at around 8:00 P.M. her father Sahendra Oraon was having dinner while her mother Bhaikhain Orain was feeding her. Her sisters had already taken their meals. Her grandmother Purni Devi did not have food. It has been alleged that all of them were sitting in the Veranda where a lantern was burning when all of a sudden 8-9 persons came at their door and two persons having axes with them speedily entered into the house. One of them namely Mahendra Oraon (appellant) assaulted her father on the neck with an axe as a result of which he fell down and he was once again assaulted on his head. When her mother tried to save her father Mahendra Oraon assaulted her on her neck with the axe and when she fell down she was again assaulted repeatedly with the axe. After committing the assault Mahendra Oraon and the other persons fled away from the place of occurrence. Both her parents died. Since her house is at a lonely place none had come in spite of raising alarm. The Police Station is situated at quite a distance due to which she could not go there at night. According to her, the cause of the incident is that about a month back the mother of Mahendra Oraon had died and the nephew of Mahendra Oraon had died due to illness six years back which resulted in Mahendra Oraon insinuating her parents of practicing witchcraft for which threats were also given.

Based on the aforesaid allegations Bishunpur P.S. Case No. 26/2008 was instituted u/s 302/34 of the I.P.C and Sections 3/4 of the Prevention of Witch Craft (Daain) Practices Act. On completion of investigation charge-sheet was submitted against five accused persons including the appellant and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 15 of 2009. Charge was framed against the accused persons u/s 302/34 of the I.P.C. and Section 3/4 of the Prevention of Witch Craft (Daain) Practices Act which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eleven witnesses in support of its case.

5. P.W.1 (Letangu Oraon), P.W.2 (Mohni Devi), P.W.3 (Budhman Oraon), P.W.4 (Turia Oraon) and P.W.5 (Birendra Oraon) did not support the case of the prosecution and were declared hostile by the prosecution.

6. P.W.6 (Chaitali Kumari) is the informant who has stated that the incident is of 3-4 years back. It was around 8:00-9:00 P.M. and she was in her house. Her father Sahendra Oraon was having his meal. Her younger sisters had already had their meals. She has stated that Mahendra Oraon along with 7-8 persons entered into her house and all were having axe with them. Mahendra Oraon had assaulted her father with an axe who fell down and when her mother intervened she was also assaulted. After the assault all had left. Her parents died at the spot. The assault was committed as Mahendra alleged that her parents practiced