- (1.) All the four appellants were put on trial on the charge of committing murder of Jamuni Devi as well as for committing offence punishable under Section 3 of the Prevention of Witch (Dian) Practices Act, 1999. The trial court having found the appellant-Ashok Paswan guilty for committing murder of said Jamuni Devi convicted him for the offence punishable under Section 302 of the Indian Penal Code whereas, the other appellants, namely, Ganesh Paswan, Yogendra Paswan and Rita Devi were convicted under Section 302/34 of the Indian Penal Code and further all the appellants were convicted under Section 3 of Prevention of Witch (Dian) Practices Act, 1999 vide judgment dated 23rd August, 2005 and each of the appellants were sentenced to undergo imprisonment for life and further to undergo rigorous imprisonment for 3 months vide order dated 23rd August, 2005.
(2.) The case of the prosecution, as has been made out in the Fardbayan, is that on 13.9.2002 at about 6.30 P.M. all the appellants came to the house of the informant-Bhagal Ram (P.W.-10) and took his wife-Jamuni Devi (deceased) by dragging to the house of one Rapho Bibi @ Rakho who told them that she (Jamuni Devi) is the woman who got Chanarik Paswan (father of the applleantAshok Paswan) killed by playing witch craft. Thereupon, the said Ashok Paswan alongwith other appellants took Jamuni Devi to a lane where appellantAshok Paswan slit the neck as a result of which she died. On the next day, i.e. 14.09.2002 when S.I.-P.K. Singh, Officer In-charge of Naudiha O.P., Police Station Chhatarpur came to know about the incident he came to the house of the informant- Bhagal Ram and recorded his statement wherein he narrated the same story as has been stated above. On such fardbayan, the formal First Information Report was drawn. He undertook investigation, during which he held inquest on the dead-body and prepared an inquest report. Thereupon the dead-body was sent for postmortem examination which was conducted by Dr. A. K. Choudhary (P.W.-11) who on holding autopsy on the dead-body did find following injuries:- (i) Cut injury right side of neck- 5"X4". The wind pipe was open and slit. Major vessels on right side of neck were slit open. Vertebrae were found intact.
(3.) The Doctor issued postmortem examination report (Exhibit-2) with an opinion that the death was caused due to shock and hemorrhage, on account of the aforesaid injury which might have been caused by 'Chhura'. Meanwhile, the Investigating Officer recorded the statements of other witnesses. Upon completion of the investigation, the charge-sheet was submitted upon which cognizance of the offences was taken against these appellants and also against one Rapho Bibi @ Rakho. In due course, when the case was committed to the court of session the appellants and also Rapho Bibi @ Rakho were put on trial during which prosecution examined as many as 11 witnesses. Of them P.W. 1-Nagia Devi ( daughter-in-law of the deceased), P.W. 4-Manoj Ram (grandson of the deceased) and P.W.-10- informant- Bhagal Ram (the husband of the deceased) claimed to be the eye witnesses wherein they did testify that while they were in the house the appellants came and took Jamuni Devi-deceased alongwith them by dragging to the house of Rapho Bibi @ Rakho where she told them that she is the woman who got Chanarik Paswan (father of the applleant-Ashok Paswan) killed by playing witch craft. Thereupon, they took the deceased to a lane where the appellant-Ashok Paswan slit the neck of the deceased whereas the other appellants had caught hold of the hands of the deceased. Other witnesses P.Ws. 2, 3, 5, 6, 7, 8 and 9 did not support the case and thereby they were declared hostile. After closure of the prosecution case when the appellants were questioned under Section 313 of the Cr. P.C. over the incriminating evidences appearing against them, they denied. Thereupon, the court having placed its implicit reliance on the testimonies of P.Ws 1, 4 and 10 did find the appellants guilty for committing murder of the deceased whereas Rapho Bibi @ Rakho was found guilty only for the offence punishable under Section 3 of the Prevention of Witch (Dian) Practices Act, 1999. Accordingly, order of conviction and sentence as stated above was recorded.;