- (1.) APPELLANT on being tried before the Sessions Judge, Dumka in Sessions Case No. 59/1987 for an offence punishable under sections 302 of Indian Penal Code on the allegation that he caused death of the deceased Runia Devi with a sickle was found guilty by the trial Judge for which he was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence imposed upon the appellant.
(2.) THE facts are as follows: The deceased Runia Devi is the mother of Shivnarayan Yadav PW 4 and Uma Charan Yadav PW 1. Putul Kumari, PW 2 is the grand -daughter of Runia Devi, the deceased. The appellant 'swife fell sick and died and the appellant was entertaining a suspicion that the deceased Runia is a witch and that she killed his wife. A panchayat was convened in this connection, but the appellant was not willing to accede to the decision thus arrived at by the panchayat. A month, prior to the date of the incident, a quarrel ensued between the deceased and the appellant in respect of a land. The appellant uprooted the pegs to which cattle were tied and threw them away. On account of the above fact, the appellant and the deceased were inimical to each other.
(3.) AT about midnight on 25/26th August, 1985 PW 1 Uma Charan Yadav heard the cries of PW 4 Shivnarayan Yadav. PW 4 rushed to the house where the deceased was living and. he found the deceased Runia with injuries. On being questioned as to how she suffered the injuries, the deceased Runia Devi informed PW 4 that she was given a blow with Jhorni (sickle) by the appellant. In the meantime, on hearing the cries, PW 3 Bishwanath Yadav, the village Mukhiya, PW 4 Chandrika Yadav and PW 9 Sitaram Yadav rushed to the place. PW 3 Bishwanath went to fetch a doctor but by the time the doctor could arrive, Runia Devi breathed her last. On the next day, on coming to know about the occurrence in the village, police officer went to the home of PW 4 Shivnarayan Yadav who gave faro beyan Ext. 2 which was formally registered at the police station at 1.30 p.m. on the printed FIR (Ext. 5).;