- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29th June, 2004 passed by the then learned 1st Additional Sessions Judge, Pakur, in Sessions Case No. 130 of 2003 whereby and whereunder the court, having found the appellant guilty for committing murder of Miru Hansda by taking her to be a witch, convicted him for the offence punishable under Section 302 of the Indian Penal Code and also under Section 4 of the Prevention of Witch (Dian) Practice Act and sentenced him to undergo imprisonment for life under Section 302 I.P.C. and to pay a fine of Rs. 5,000/ - with default clause and further to undergo imprisonment for six months for the offence under Section 4 of the Prevention of Witch (Dian) Practice Act. Both the sentences were ordered to run concurrently.
(2.) THE case of the prosecution is that on 23.07.2003 at about 6.00 - 6.30 p.m. while the deceased was returning home from field and reached near the farm (Khalihan) of this appellant, the appellant assaulted her with lathi causing injury resulting into his death. When this information was given to the informant -Motilal Hansda, the brother of the deceased, by Matur Murmu (P.W 7), the informant (P.W. 6) came to the place of occurrence and found his sister -Miru Hansda dead. There he was informed by Piyush Murmu (P.W. 4) and Sunil Soren (P.W. 1) that it was the appellant who had killed the deceased, when the deceased came near the Khalian of the appellant, as the appellant was taking the deceased to be a witch. On 24.07.2003, when Lakshmi Kant (P.W. 10), S.I. Maheshpur Police Station received rumour that one lady had been killed at village Kutubpur, he came over there and recorded the fardbeyan (Ext. 3) of Motilal Hansda (P.W. 6). The I.O. (P.W. 10) undertook investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 4). After holding inquest, dead body was sent for postmortem examination, which was conducted by Dr. Lalit Kumar Bhagat (P.W. 9). On holding autopsy, the doctor did find the following injuries on the person of the deceased: (i). One lacerated wound at right ear 1" X 1/2" (ii). One lacerated wound on right temporal bone 2" X 1/2" X 1/2" (iii). One lacerated wound at forehead 1" X 1/2" X 1/2". (iv). One lacerated wound at upper part of chest 1" X 1/2" X 1/2". On dissection of Head and neck: - Scalp bone was found fractured at right temporal regional and frontal region causing brain injury and death." The doctor (P.W -9) issued post -mortem examination report (Ext -2) with an opinion that death was caused due to hemorrhage and shock on account of fracture of skull bone and injury to brain caused by hard blunt substance.
(3.) MEANWHILE , the I.O. recorded the statements of the witnesses. He also arrested the accused, who confessed his guilt and his confession led to recovery of a Danda, in presence of P.W. 2 -Robin Murmu and P.W 8 -Maheshwar Tudu, over which, blood mark was there.;