Jharkhand High Court
Ashok Nayak vs The State Of Jharkhand on 25 October, 2024
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
Criminal Appeal (D.B.) No. 901 of 2018
[Arising out of judgment of conviction dated 18.04.2018 and order of sentence
dated 25.04.2018 passed by learned Additional Judicial Commissioner-X,
Ranchi in Sessions Trial No. 366 of 2014]
1. Ashok Nayak, son of Harilal Nayak, aged about 45 years
2. Chandra Bhushan Nayak son of Sri Harilal Nayak aged about 67 years
3. Nagendra Kumar Nayak son of Sri Harilal Nayak aged about 36 years
All residents of Village Bichtola, Umedanda, P.O. Bichtola, P.S. Burmu,
District Ranchi .... .... .... Appellants
--Versus--
The State of Jharkhand .... .... .... Respondent
For the Appellants : Mr. B.M. Tripathy, Sr. Advocate
Mr. Pradep Kumar, Nayak, Advocate
Ms. Nutan Kumari Sharma, Advocate
For the State : Mr. Shailendra Kumar Tiwari, Special P.P.
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PRESENT: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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JUDGMENT
Reserved on: 17.10.2024 Pronounced On: 25.10.2024
Per Gautam Kumar Choudhary, J. Appellants are before this Court in appeal
against the judgment of conviction and sentence under Sections 302/34 of the
IPC and Section 4 of the Prevention of Witch (Daain) Practices Act. Further,
Chandra Bhushan Nayak has also been convicted under Section 324 of the IPC.
2. Informant is the daughter-in-law of the deceased. As per the FIR, on
06.01.2014, in the night at around 11.30 all these appellants variously armed
with sharp cutting weapons, broke into the house of the informant along with
female members of their family. They branded the father-in-law and mother-in-
law of the informant as witch and held him responsible for the sudden death of
their child and conjointly assaulted him. Ashok Nayak inflicted Tangi blow on
his neck as a result he sustained fatal injuries and died on spot. Thereafter,
Chandra Bhushan Nayak gave sword blow to her mother-in-law, and in an
attempt to save her, she sustained injuries over her leg and she became
unconscious. After this, her mother-in-law was gorged with knife and done to
death.
3. On the basis of the written report, Burmu P.S. Case No.2/14 was
registered 302, 324, 307/34 of the IPC and Section 3/4 of the Prevention of
Witch (Daain) Practices Act against these appellants and other three members
of their family.
4. After investigation, charge sheet was submitted 302, 324, 307/34 of the
IPC and Section 3/4 of the Prevention of Witch (Daain) Practices Act and the
appellants were put on trial under these Sections.
5. Altogether 11 witnesses have been examined on behalf of prosecution
and relevant documents including the post-mortem examination report of both
the appellants and injury report of the informant, have been adduced into
evidence and marked as Exhibit 1 - 8.
6. After prosecution evidence, statement of the accused persons were
recorded under Section 313 of the Cr.P.C. Defence is of innocence. Appellant-
Nagendra Kumar Nayak has pleaded alibi and false implication on account of
illicit relationship between informant and one Gopal Nayak. The offence has
been alluded to one Gopal Nayak, who was present at the house of informant
that evening.
7. It is argued by the learned counsel on behalf of the appellants that there
is no eye witness to the incidence save and except P.W. 1 and P.W. 2, who are
family members of the deceased. The incidence took place at night and there
was no source of identification.
8. Learned A.P.P. has defended the judgment of conviction and sentence.
9. It is a case of double murder and FIR has been lodged without any delay
and these appellants were named in the FIR.
10. Informant (P.W. 2) is the daughter-in-law of the deceased persons and the
incidence took place in the house, therefore, she can be regarded as natural
witness to the incidence. It has been deposed by her that when she was sleeping,
at about 11.30 in the night, she heard the door being banged by someone. She
saw accused- Bhushan with sword, accused-Ashok with Tangi and accused-
Nagendra with knife, entered into the house. Along with them female members
had also entered into the house. When door was being knocked, her father-in-
law and mother-in-law entered into her room and they hid there. Accused
persons broke open the door and thereafter, Ashok assaulted her father-in-law
with Tangi, resulting in injury near his temple. Thereafter, Bhushan and
Nagendra made an attempt on the life of her mother-in-law and when she tried
to save her as a result, Nagendra and Bhushan struck her over her leg and hand,
causing injury. Thereafter, they started assaulting her mother-in-law and they
fled away. She informed about the incidence to her husband and other relatives.
Her nephew-Lucky came out from under the table and gave them water. After a
while, she became unconscious and regain her sense on 08.01.2014 at RIMS,
Ranchi. In her cross-examination, she has deposed that she was acquainted with
the accused persons who were her cousin-in-laws. She has admitted in para 20
of the cross-examination that she has not stated before the police that her
nephew Lucky had slept with her that night.
11. In the incidence, is proved by P.W. 6 who proved the injury report of the
informant (Exhibit 3). Doctor found the following injury on her person: -
I. Stitched wound about 3" long on medial side of right foot.
II. Stitched wound about 2 1/2" long on lateral side of right foot.
III. Stitched wound about ½" left little finger.
IV. Tenderness on vertex of scalp.
V. Tenderness on mid sternum.
The very fact that this witness has sustained injury in the same
transaction, lends assurance to her presence at the place of occurrence.
12. There is no reason to disbelieve her account and it is corroborated by the
testimony of P.W. 1, who is a child witness who was aged 6 years at the time of
incidence and was sleeping with the informant on that night. He has deposed
that the appellants armed with dangerous weapon like Tangi, knife and sword,
entered into the house and assaulted his maternal grandfather and grandmother.
When the informant came to their rescue, she was also assaulted by them. The
child witness has been examined at length, but no vital contradiction has
surfaced in his account. His statement was earlier recorded under Section 164
of the Cr.P.C. wherein he has stated that three persons had entered into the house
and committed the offence. Other material witnesses, P.W. 3, P.W. 4, P.W. 5 and
P.W. 7, are not direct eye witness to the incidence, but they have supported the
prosecution case.
13. Homicidal death of both the deceased is not in a shade of doubt as has
been established by post-mortem examination report (Exhibit 5 and 5/ 1) by the
Autopsy Surgeon. He has proved the signature of himself and another Doctor,
who jointly conducted the post-mortem examination. Paro Devi aged 55 years
sustained as many as eight ante-mortem injuries. Doctor opined that injuries
were caused by sharp cutting and pointed weapons and death was caused by
these injuries. The post-examination report of Laxman Nayak aged 62 years,
has also been proved by this Doctor, who also sustained three ante-mortem
injuries and death was due to head injury. The oral account of the witnesses
(P.W. 1 and P.W. 2), is thus corroborated by the medical evidence of the Doctor.
14. Investigating Officer (P.W. 9) has deposed that the accused persons had
broken South door of the house and then entered into it. In para 8, he has
deposed that the accused persons were absconding after the incidence.
15. On the combined reading of testimony of witnesses, I find that the
testimony of P.W. 1 and P.W. 2, is wholly reliable and there is no reason
whatsoever disbelieve their account. Their testimony is corroborated by medical
evidence. Prosecution has thus proved the charge against the appellants that they
conjointly broke into the house of the informant and stabbed to death the old
couple by branding them as witch. When the informant came to their rescue,
she was also inflicted sharp cut injuries. There is no infirmity in the judgment
of conviction and sentence passed by the learned trial Court, which is
accordingly affirmed.
Criminal Appeal stands dismissed.
Pending Interlocutory Application, if any, is disposed of.
Let the Trial Court Records be transmitted to the Court concerned along
with a copy of this judgment.
(Gautam Kumar Choudhary, J.)
Ananda Sen, J. I agree.
(Ananda Sen, J.)
High Court of Jharkhand, Ranchi
Dated, 25th October, 2024
AFR/Anit
