Kailash Prasad Deo - (1.) Heard, learned Amicus Curiae, Mr. Ashish Verma and learned counsel for the State, Mr. Satish Kumar Keshri, learned Additional Public Prosecutor.
(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dated 06.10.2012, passed by learned Principal Sessions Judge, Simdega, in Sessions Trial No.144 of 2007, whereby the sole appellant has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and also under Section 3 of Prevention of Witch Craft (Daain) Practices Act, 1999. The learned trial court has awarded rigorous imprisonment for life for the offence committed punishable under Section 302 of the Indian Penal Code and also awarded simple imprisonment for three months for the offence committed and punishable under Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999. Both the sentences are directed to run concurrently.
(3.) The prosecution case is based upon the fardbayen of Ropna Kachuwa (P.W.- 5), recorded by Assistant Sub Inspector of Police, B.N. Singh of Belgarh police station on 30.07.2007 at 10:15 Hours. The informant has alleged that co-villager Firu Kachuwa used to call the mother of informant as 'daain' and since last Holi, Firu Kachuwa has alleged that she has performed black magic upon his son Rahul, aged eight years, due to which, son of the informant remains ill. The informant has stated, that his mother is an innocent lady and not a daain. The informant has further stated that yesterday, my mother had gone towards the Tand field for grazing goat. Informant's mother alongwith his cousin Asmani Kumari (P.W. 2) aged about 12 years and Sukra Kachuwa aged about 14 years were also grazing animals at the same place. It is alleged that at about 4.00 P.M., the accused Firu Kachuwa came there having tangi in his hand and asked the mother of informant Sulo Devi to make his son well and assaulted her by means of tangi, due to which the mother of the informant Sulo Devi has died at the spot. It has been stated by the informant, that yesterday due to rainy night, he could not come to the police station, and today informant has come along with the chowkidar to give information. The informant has further stated that, the dead body of his mother Sulo Devi is still lying at the same place in the Tand. The informant has further stated that eye-witnesses to the occurrence will narrate the things on being asked. The accused used to call his mother as 'daain' will be substantiated by other persons of the village. The informant has alleged that his mother Sulo Devi has been killed by co-villager Firu Kachuwa on 29.07.2007 at 4.00-5.00 P.M. by means of tangi.;