Advocates:
['SATISH KUMAR DEO', '', 'KUMAR VAIBHAV', 'NEHALA SHARMINAPP']

Cr. Appeal (DB) No. 834 of 2014

----

Against the judgment of conviction and order of sentence dated 15.07.2014 and

19.7.2014 respectively, passed by Smt. Rita Mishra, learned Additional Judicial

Commissioner, III cum F.T.C. (CAW), Ranchi in Sessions Trial No. 404 of

2011/T.R. No. 551 of 2013.

-------

Mahadeo Oraon @ Nain.

…..Appellant

Versus

The State of Jharkhand.

….Respondent

-----

For the Appellant

: Mr. Kumar Vaibhav, Amicus Curiae

For the State

: Mrs. Nehala Sharmin, APP

-----

PRESENT

HON9BLE MR JUSTICE RONGON MUKHOPADHYAY

HON9BLE MR. JUSTICE SANJAY PRASAD

C.A.V. On 12.01.2022

Pronounced on 3/02/2022

R. Mukhopadhyay,J This appeal is directed against the judgment dated 15.7.2014,

passed by Smt. Rita Mishra, learned Additional Judicial Commissioner, III cum

F.T.C. (CAW), Ranchi in Sessions Trial No. 404 of 2011/T.R. No. 551 of 2013, by

which the appellant has been convicted for the offence under section 302 of the

Indian Penal Code and Section ¾ of the Prevention of Witch Craft Act and has

been sentenced to undergo rigorous imprisonment for life along with a fine of

Rs.2,000/- and in default of payment of fine he has been sentenced to undergo

simple imprisonment for two months. The appellant has further been sentenced

to undergo rigorous imprisonment for three months and is also liable to pay a

fine of Rs.100/- and in default of payment of fine, he has been further sentenced

to undergo simple imprisonment for ten days for the offence under section 3 of

the Prevention of Witch Craft Practices Act. The appellant has also been

sentenced to undergo rigorous imprisonment for six months and he is also liable

to pay a fine of Rs.2,00/- and in default of payment of fine, he has been further

sentenced to undergo simple imprisonment for fifteen days for the offence under

section 4 of the Prevention of Witch Craft Practices Act. All the sentences

imposed are to run concurrently.

2.

The prosecution case arises out of the Fardbeyan given by Jiyura Oraon

to the effect that on 8.4.2011, at about 6.30 A.M, the wife of the informant had

gone to Jamuni river for washing her mouth as well as the utensils, at which point

of time, Mahadeo Oraon @ Nain (appellant) came with a tangi and struck 2-3

times with the tangi on the head of the wife of the informant, which resulted in

her becoming unconscious. In spite of the wife of the informant becoming

unconscious, the appellant continued to assault her with kicks and slaps. When

the informant who was nearby saw the incident he rushed to the place of

-2-

occurrence and the others who were nearby namely Bhagwat Bhagat, Gandri

Orain and others also came and on seeing them the appellant fled away with the

tangi towards Kakaria. The injured was taken to Bero hospital where she was

being treated though her condition was stated to be serious. The reason for the

occurrence as stated by the informant is that the brother of the appellant was

suffering from mental illness for the last one year and the appellant used to say

that the wife of the informant who practices witch craft had cast a spell of black

magic over his brother. It has further been alleged that the appellant earlier used

to issue threats of committing the murder of the wife of the informant.

3.

Based on the aforesaid allegations, Lapung P.S. Case No. 16 of 2011 was

instituted for the offences punishable under sections 341, 323, 307 of the Indian

Penal Code and Section ¾ of the Prevention of Witch Craft Practices Act against

the sole accused (appellant).

4.

The wife of the informant was later on referred to RIMS, where in course

of treatment, she died.

5.

On conclusion of investigation, chargesheet was submitted for the

offences punishable under sections 302 of the Indian Penal Code and Section

¾ of the Prevention of Witch Craft Practices Act against the