JUDGEMENT
ASHIM KUMAR BANERJEE.J -
(1.) 1. INCIDENT :- On October 26, 2002 at about 9.00 to 10.00 p.m. Japala Tudu and his wife Turki Soren were making their bed after dinner on the varandah of their house. Miscreants appeared at the spot, overpowered the victims. Turki was flattened. Her throat was cut. She received a deep penetrated stab injury under her waist on the left side. Japala tried to resist them when one of the miscreants hit him with a bamboo stick. His mouth was covered by a napkin. The miscreants left leaving their torch and the napkin. After being released Japala raised hue and cry. Jetha, Paltan and Munsi rushed to the place when they found Turki lying dead. The victims children were not at home. They went to listen to Manasa Songs. On being informed by one Sanjoy Seal they also rushed to the spot and found their mother dead.
(2.) COMPLAINT :- At about 3.35 a.m. on October 26/27, 2002 Japala lodged a written complaint with the Police Station being accompanied by his son in-law Babu Ram Soren. Babu Ram scribed the complaint. As per the complaint, on October 26, 2002 at about 9.30/10.00 p.m. 1) Srimath Tudu and 2) Guru Tudu both nephews of Japala being the son of one 3) Sabin tudu, elder brother of Japala, 4) Jetha Murmu, the brother in-law; 5) Fate; 6) Mantu Murmu, friend of Srimath and Guru entered the house. Turki and Japala were making their bed on the varandah for sleep after dinner. Their son and daughter being PW-4 and 5 were not in the house as they went out to listen to Manasa Songs. Sabin accused Turki as fuksin (witch). Sabin accused her being responsible for his illness and the illness of his other brother Rabin. He ordered to kill her. Instantly, Srimath, Jetha, Fate flattened Turki. Fate cut her throat with a sharp knife. Turki raised alarm and tried to resist. Japala raised alarm and tried to resist. Guru dealt a blow on his right hand with a bamboo stick. Mantu flattened him. Guru pressed his mouth with a napkin. Fate stabbed Turki on the back of the upper portion of the waist by a knife. Guru and Jetha left their napkin and torch light on the spot. All of them left the place. It was a moon lit night and Japala recognized all of them. Earlier Sabin had been suffering for one year whereas Rabin had been suffering for one month. They told Japala to arrange for their treatment. Japala assured them of their treatment, but being doubted with their behaviour Japala sent Turki at her parental place. However his relations brought her back. The accused went to Deotala under Police Station Gazole in the District of Malda and met a Mahan (Jan Guru) and came to know that Turki was a fuksin (witch). Hence, they killed Truki.
(3.) INQUEST :- Inspector Ananda Kumar Mondal, PW-12 held an inquest. The injuries as described by the complainant almost tallied with the inquest. During the Inquest Report it was disclosed that on October 26, 2002 at about 9.00/10.00 p.m. Srimath and Fate and some others being assembled, entered into the house of Japala by opening the tin fencing. They caught hold of Turki and accused her as witch. Japala tried to resist them when they assaulted Japala. They committed several injury on Turki with a knife. Sabin and Rabin had been suffering for a long time and they suspected Turki as witch and as such the miscreants killed her. Japala signed the inquest, so were Paltan Tudu, Jetha Soren and Munshi Murmu.;
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