- (1.) These criminal appeals have been directed against the judgment of conviction and order of sentenced dated 20.09.2007 and 24.09.2007, respectively, passed by the Learned Additional Sessions Judge, F.T.C. II Palamau, in connection with Sessions Trial No. 19 of 2007, corresponding to G.R. Case No. 872 of 2006, arising out of Chhatarpur P.S. Case No. 65 of 2006 whereby the appellants have been held guilty for the offences punishable under Ss. 302/34 of the I.P.C and Ss. 3/4 of the Prevention of Witch (Daain)Practices Act and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5000/ - each, in default of making payment of fine, they shall suffer further imprisonment for one year. The appellants have also been sentenced to undergo R.I. for three months and 6 months, respectively under Ss. 3/4 of the Prevention of Witch (Daain)Practices Act.
(2.) The prosecution case, as it appears from the Fardbeyan of Ahmad Ali -P.W.7 (informant) recorded on 20.06.2006 at about 8.45 hours at Chhatarpur within district of Palamu, in brief, is that on 20.06.2006 at about 7 a.m, Sairun Bibi (wife of the informant) was branded as witch by appellant Norri Mian and he told to the deceased that you had killed my elder daughter -in -law by Practicing Witch Craft and now you are intending to kill my younger daughter -in -law. In the meantime sons of Noori Mian (named in F.I.R), his bother Habib Miya and nephew Afroz Ansari reached to the place and caused assault to Sairun Bibi by means of branch of palm tree. When they were not satisfied, they climbed on her chest and pressed with force and thereafter fled away. Sairun Bibi was removed to hospital, but declared dead. On the basis of Fardbeyan of Ahmad Ali, Chhatarpur P.S. Case No. 65 of 2006, dated 20.06.2006 under Sec. 302/34 of the I.P.C and Ss. 3/4 of the Prevention of Witch (Daain) Practices Act was registered. The police, after due investigation, submitted charge -sheet and accordingly cognizance of the offence was taken and the case was committed to the Court of Sessions and it was registered as S.T. No. 19 of 2007.
(3.) It is necessary to mention here that only the appellants were put on trial because rest of the accused persons have been found juvenile and case of those accused persons stood split up from the case of present appellants.;