- (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 30.01.2009 and Order of sentence dated 02.02.2009, passed by the learned 1st Additional Sessions Judge, Seraikella, in S.T. No.57 of 2006, whereby, the sole appellant Bahadur Singh Munda @ Bahadur Pahan has been found guilty and convicted for the offences under section 302 of the Indian Penal Code, and Sections 3 & 4 of Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life with fine of Rs.2,000/- for the offence under Section 302 of the Indian Penal code, and R.I. for three months for each of the offences under Sections 3 & 4 of Prevention of Witch (Daain) Practices Act, and all the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Guru Munda, husband of the deceased Ludari Mundain, recorded on 27.9.2004 at about 11.00 A.M., at the house of one Bahadur Munda, in village Pareya, P.S. Kuchai, District Seraikella, wherein he has stated that on the previous day, i.e., on 26.9.2004 at about 12.00 P.M., his wife Ludari Mundain had gone to Dalbhanga Haat, but as she did not return back till evening, the informant though that she had gone to some relative's place. On 27.9.2004 Bahadur Munda of village Pareya came along with the chaukidar and informed him that his wife had visited his house at about 7.00 P.M., in the previous evening, while returning back from the market, and they were talking in the house. In the meantime, the accused Bahadur Pahan came armed with farsa and assaulted Ludari Mundain with farsa on different parts of her body, due to which she died at the spot and thereafter the accused fled away threatening them. The accused was also searched in the village, but he could not be found and thereafter on 27.9.2004 in the morning the said Bahadur Munda had come to inform the informant about the death of his wife. Upon getting the information, he went to the house of Bahadur Munda and found the dead body of his wife with bleeding injuries on the body. He has stated that five years ago, the wife of the accused Bahadur Pahan had died and he was alleging practice of witchcraft against the wife of informant, and it is alleged that for the said animosity, the offence had been committed. On the basis of the fardbeyan of the informant Guru Munda, Kuchai P.S. Case No.27 of 2004 corresponding to G.R. No. 707 of 2004, was instituted for the offences under Section 302 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, against the accused Bahadur Pahan and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;