- (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 25.5.2005 passed by learned 4th Additional District & Sessions Judge,F.T.C. Dumka in Sessions Case No. 297 of 2004/ 143 of 2004, whereby the appellant having been found guilty of charges under Section 302 IPC, has been sentenced to undergo imprisonment for life besides a fine of Rs.1,000/ - and in default thereof, to further undergo rigorous imprisonment of three months. The appellant has also been sentenced to undergo simple imprisonment of three months, having been found guilty for the offence under Section 3 of the Prevention of Witchcraft(Daain) Practices Act. All the sentences have however been directed to run concurrently.
(2.) The case of the prosecution in brief is that the deceased Madhaw Hansda aged about 80 years old was residing at village Kulango in her house alongwith her grandson Rajesh Kisku(PW -5) aged about 10 years. The informant -Budin Tudu had gone to her parent's house at village Nutanpara and was residing there with her parents, because her husband - Dilip Kisku had gone to Kashmir to earn his livelihood. It is stated that Rajesh Kisku is the step son of the informant, who was living at village Kulango along with the deceased at the time of occurrence. It is also stated that accused -Dembo Tudu, resident of village Panjanpahari, being relative and brother of the deceased, was also residing in the same courtyard. On 28.5.2004, at about 5.00 p.m. one Santosh Mirdha , resident of village Kulango came to the informant(PW -6) and told that her mother -in law has died, upon which the informant alongwith her mother and aunt came to village Kulango and found her mother -in -law, namely, Madhaw Hansda(deceased) lying on a cot and half portion of her body was lying on the ground. It is further stated that though accused -Dembo Tudu was sleeping in his house but he did not come there. Thereafter, the informant kept the dead body of her mother - in -law on the cot and informed the villagers. However, due to night, she(PW -6) could not do further in this regard and on the next date, in the morning, when the villagers assembled at the place of occurrence, they discussed about the injuries on the neck of the deceased and then accused Dembo Tudu started fleeing away from the place of occurrence, but was caught hold by his brother and other villagers. The informant has further stated that one month ago, the son of accused - Dembo Tudu was died and the accused Dembo Tudu used to blame that deceased Madhaw Hansda had killed his son by witchcraft and the accused generally used to abuse the deceased by calling her Daain. On the basis of the aforesaid Fardbeyan, Dumka(M)Masanjore PS Case No.53 of 2004 was registered for the offence under Section 302 of the Indian Penal Code against the accused -Dembo Tudu and after completion of investigation, chargesheet was submitted against the accused. However, the learned Chief Judicial Magistrate, Dumka took cognizance of the offence under Section 302 IPC as also 3/4 of the Witchcraft(Daain) Practices Act.
(3.) In order to prove the charges against the accused, the prosecution has examined altogether ten witnesses, including the doctor(PW -10) and the Investigating Officer(PW -9) and the trial court after going through the materials on record and also considering the evidence of the prosecution witnesses has found the charges levelled against the accused to be proved and thereafter sentenced him to undergo as aforesaid.;