- (1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.3.2003 passed by the learned 1st Additional Sessions Judge, Chaibasa in Sessions Trial No. 295 of 1999, convicting the appellants for the offences under Sections 302/34, 307 and 201/34, IPC and sentencing them to undergo R.I. for life under Sections 302/34, R.I. for 10 years under Sections 307, IPC and R.I. for 7 years under Sections 201/34, IPC. However, all the sentences were directed to run concurrently.
(2.) Prosecution case in short is as follows: Bideshi Gaur-informant (PW 10) gave the fardbeyan on 5.10.1998 at 9.30 hrs to the effect that when he returned from Noamundi Bazar at 7.00 p.m. after doing labour work and did not find his wife Chubi Kui, his son Rajesh aged about 5 years told him that she went to the house of one Raghunath Balmuchu (appellant) to demand her labour charges as she occasionally worked in his field. The informant after taking his meal slept as he was advised by the neighbours not to go for search of his wife in the dark late night. In the morning, he went to the house of the' appellant No. 1-Raghunath Balmuchu and saw a naked dead body of a old woman thrown at some distance of his house under a Akal tree. He also saw the wife of Raghunath Balmuchu in burnt condition who was groaning in agony. Hari Balmuchu (appellant No. 2), the younger brother of Raghunath Balmuchu, disclosed that the old lady was a witch and was practicing witchcraft on him and as she had come to offer puja, she was killed and her body was thrown away. When the informant asked about his wife, he did not say anything about her.
(3.) It is further alleged that the informant came to know that Raghunath Balmuchu was an 'Ojha' and the old lady was Budhani Kui who came to Raghunath Balmuchu for puja, both the appellants killed her and threw her body in a naked condition near the tree. At the same time, his wife went to the house of Raghunath Balmuchu for demanding the labour charges, she was also killed and her dead body was also thrown somewhere. Raghunath Balmuchu along with his brother Hari Balmuchu sprinkled kerosene oil on the body of wife of Raghunath Balmuchu and set her on fire, but she did not die. The informant saw burnt scar on the body of a minor child also. The informant further said that the dead body of his wife could not be traced out. The informant claimed that Raghunath Balmuchu and Hari Balmuchu killed Budhni Kui on the allegation of practicing witchcraft and as his wife saw the occurrence, she was also killed and to screen away the evidence, they tried to kill the wife of Raghunath Balmuchu by burning her.;