Cr. Appeal (DB) No. 138 of 2019

----

Against the judgment of conviction dated 18.04.2017 and order of sentence

dated 21.04.2017, passed by Shri Shree Prakash Dubey, learned Additional

Sessions Judge-1st, Chatra in Sessions Trial No. 97 of 2012.

-------

Sanjay Mistry, S/o Surajdeo Mistri, R/o Village-Barwadih, P.O. P.S.

Bashisthnagar, District-Chatra.

…..Appellant

Versus

The State of Jharkhand.

….Respondent

-----

For the Appellant

: Mr. B.K. Dubey, Advocate

For the State

: Mr. Satish Prasad, A.P.P.

-----

PRESENT

HON’BLE MR JUSTICE RONGON MUKHOPADHYAY

HON’BLE MR. JUSTICE AMBUJ NATH

C.A.V. On 21/07/2022

Pronounced on 18/01/2023

Heard Mr. B.K. Dubey, learned counsel for the appellant and Mr. Satish

Prasad, learned A.P.P.

2.

This appeal is directed against the judgement of conviction dated

18.04.2017 and order of sentence dated 21.04.2017, passed by Shri Shree

Prakash Dubey, learned Additional Sessions Judge-1st, Chatra in Sessions Trial

No. 97 of 2012, whereby and whereunder the appellant has been convicted for

the offence punishable under section 302 of the Indian Penal Code and has been

sentenced to undergo R.I. for life along with a fine of Rs.20,000/- and in default

of payment of fine to undergo simple imprisonment for six months.

3.

The fardbeyan of Surajdeo Mistry was recorded on 29.11.2011, in which

it has been stated that today i.e. on 29.11.2011 at about 5.15 P.M. he was in his

house at village-Bakhardih and his daughter in law-Sukri Devi and his grand son-

Rahul Kumar had gone to Panchatari field for harvesting paddy when his

grandson came panting/running and disclosed that his mother has been hacked

to death with an axe by his uncle-Sanjay Mistri (appellant). When the informant

along with his family members and villagers rushed to the spot, he found Sukri

Devi lying dead in the field. The dead body was carried on a cot and brought to

his house. It has been alleged that his son Sanjay Mistri used to quarrel with

him as well as his daughter in law and used to cast aspersions upon Sukri Devi

of practicing witchcraft.

Based on the aforesaid allegations, Bashistanagar P.S. Case No. 31 of

2011 was instituted against the appellant for the offence punishable under

section 302 of the Indian Penal Code. On completion of investigation,

chargesheet was submitted against Sanjay Mistri under section 302 IPC and

sections ¾ of the Prevention of Witchcraft (Daain) Practices Act, pursuant to

2 Cr. Appeal (DB) No. 138 of 2019

which, cognizance was taken and the case was committed to the Court of

Sessions wherer it was registered as S.T. Case No. 97 of 2012. Charge was

framed under section 302 IPC and Section 4 of the Prevention of Witchcraft

(Daain) Practices Act, which was read over and explained to the accused, to

which he pleaded not guilty and claimed to be tried.

4.

The prosecution has examined as many as seven witnesses in support of

its case.

P.W-1-Vyas Kumar Mistry has deposed that the incident is of 29.11.2011

in between 5.30-6.00 P.M. He had not seen the incident but he had heard that

his sister in law was assaulted by his brother with tangi. He had seen specks of

blood at the place of occurrence where he had gone after two days. His sister in

law was murdered by his brother on the allegation of practicing witchcraft.

In cross-examination, he has deposed that he had not witnessed the

incident. He cannot say as to who had committed the murder of his sister in law.

He has further deposed that there has been a partition of the properties between

the brothers.

P.W-2-Naresh Mistry has stated that on the date of the incident, he was

at Mumbai. His son Rahul Kumar disclosed to him over telephone that his uncle

had assaulted his mother with tangi. When he called up his f