The testimony of a sole eyewitness, even if related to the victim, can be sufficient for conviction if credible and corroborated by medical evidence.

JUDGMENT :

SUBHASH CHAND, J.

1. The instant Criminal Appeals have been directed on behalf of the appellants against the judgment of conviction and order of sentence dated 24.02.2018 passed by the learned District & Sessions Judge, Lohardaga in S.T. Case No. 154 of 2012 wherein the appellants were convicted for the offence under section 302/149 of the Indian Penal Code and section 3 of Prevention of Witch (Daain) Practices Act, 1999 and sentenced with imprisonment for life and a fine of Rs. 2,000/- each for the offence under section 302/149 of IPC and in default of payment of fine to further undergo RI of 2 months and further awarded punishment for one month of RI for the offence under section 3 of the Prevention of Witch (Daain) Practices Act, 1999.

2. All these five appeals have been directed against the one and same judgment, therefore, all the five appeals are being disposed of by the common judgment.

3. The brief facts leading to these criminal appeals are that the fardbeyan of informant Afsana Khatoon was recorded on 02.08.2012 at 7 O’clock with these allegations that on 02.08.2012 about 3 or 3:30 O’clock she alongwith her mother Anija Khatoon had gone to sow the paddy saplings in the agricultural field situated in eastern side of the village. After having sowed the paddy saplings and on account of the Ramjan left the agricultural field about 4:30 PM. She and her mother proceeded for the house as they reached near the village, in the meantime, the two sons of Uddin Ansari namely Mobin Ansari and Mustaque Ansari both caught hold of her mother and Guljar Ansari and Rabban Ansari sons of Juddin Ansari also came there. All the four dropped her mother on the ground and her legs and hands were caught by them. Wastak Ansari son of Uddin Ansari assaulted with the spade on the neck of her mother 3-4 times. On account of fear she could do nothing. In a few time her mother died. All the five accused fled away. Thereafter, she raised alarm. Some persons who were working in the agricultural field also rushed there. She went to her house while weeping. On reaching to her house, she also raised alarm at which all the persons of the locality assembled there and all were made aware in regard to the occurrence. The persons of the village also rushed to the place of occurrence. She remained to her house on account of fear. Her father had gone to Lohardaga market prior to murder of the mother. These accused persons had brandished her mother ‘Daain Bisahi’. Earlier also they had beaten her mother. The matter was settled in the village mutually. On account of the very reason on 02.08.2012 the accused persons Mobin Ansari, Rabban Ansari, Guljar Ansari, Wastak Ansari and Mustaque Ansari all the five in furtherance of common intention brandishing her mother ‘Daain Bisahi’ assaulted with spade. On this fardbeyan of Afsana Khatoon the Case Crime No. 74 of 2012 was registered under section 302 r/w 34 of IPC and 3/4 of the Prevention of Witch (DAAIN) Practices Act, 1999 with the Lohardaga Police Station against the accused Mobin Ansari, Rabban Ansari, Guljar Ansari, Wastak Ansari and Mustaque Ansari.

4. The investigating officer conducted the investigation and filed charge-sheet against the accused Mobin Ansari, Rabban Ansari, Guljar Ansari, Wastak Ansari and Mustaque Ansari for the offence under section 302 r/w 34 of IPC to the court of learned Magistrate concerned and the learned Magistrate concerned after having taken cognizance on the charge-sheet committed the case for trial to the court of learned Sessions Judge, Lohardaga.

5. The trial court framed charged against all the five accused under section 302 r/w 149 IPC and section 3 of the Prevention of Witch (DAAIN) Practices Act, 1999. The charge was red over and explained to all the accused persons who denied the charge and claimed to face the trial.

6. On behalf of prosecution to prove the charge against the accused person in oral evidence examined all together eight witnesses i.e. PW-1 Sabbir Ansari,