Jharkhand High Court
Parsdesiya Nagesia @ Mukesh Nagesia Son ... vs The State Of Jharkhand on 27 September, 2024
Author: Ananda Sen
Bench: Ananda Sen
Criminal Appeal (D.B.) No. 941 of 2017
With
Criminal Appeal (D.B.) No. 36 of 2021
[Arising out of judgment of conviction and order of sentence both dated
24.04.2017 passed by learned Sessions Judge, Lohardaga in Sessions Trial
No. 105 of 2014]
Criminal Appeal (D.B.) No. 941 of 2017
Parsdesiya Nagesia @ Mukesh Nagesia son of Sri Mohan Nagesia, resident of
Bandobar Hadratoli, P.O. Kisko, P.S. Kisko, District Lohardaga (Jharkhand)
.... .... .... Appellant
--Versus--
The State of Jharkhand .... .... .... Respondent
With
Criminal Appeal (D.B.) No. 36 of 2201
Sukhram Nagesia son of Late Birua Nagesia, resident of Bandobar Hadratoli,
P.O. Kisko, P.S. Kisko, District Lohardaga (Jharkhand)
.... .... .... Appellant
--Versus--
The State of Jharkhand .... .... .... Respondent
For the Appellants
: Mr. Naresh Prasad Thakur, Advocate
For the State : Ms. Vandana Bharti, A.P.P.
Ms. Priya Shrestha, Special P.P.
-----
PRESENT: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
-----
JUDGMENT
By Court Since we are already hearing the main Criminal Appeals, I.A. No.766 of
2023 filed in Criminal Appeal (D.B.) No. 941 of 2017 is dismissed as
infructuous.
Heard the parties.
2. Both these appeals arise out of the common judgment of conviction and
sentence, whereby and whereunder they have been convicted and sentenced
under Sections 448, 302, 506 of the IPC and Section 3/4 of Prevention of Witch
(Daain) Practices Act, 1999.
3. This is yet another case where superstation in witch craft has taken the
life of a poor, tribal man.
4. Informant is the wife of the deceased. As per the FIR, on 19.04.2014,
both appellants armed with Tangi entered into her house and hacked her
husband with Tangi, resulting in his instantaneous death. Genesis of the offence
has been stated that Sukhram Nagesia used to brand his husband as a witch.
5. On the basis of written report, Kisko P.S. Case No.22/14 was registered
under Section 302/34 against both these appellants. Police on investigation,
found the case true and submitted charge sheet and the appellants were put on
trial for offences under Sections 448, 302, 506 of the IPC and Section 3/4 of
Prevention of Witch (Daain) Practices Act, 1999.
6. Altogether seven witnesses have been examined on behalf of the
prosecution and relevant documents including post-mortem examination report,
written report, seizure list of blood sample and FSL report have been adduced
into evidence and marked as exhibits.
7. After prosecution evidence, statement of the accused was recorded under
Section 313 of the Cr.P.C. Defence is of innocence and false implication, but no
specific defence has been pleaded. Three witnesses have been examined on
behalf of defence, who have deposed that appellants have been falsely
implicated in the case.
8. It is argued by the learned counsel on behalf of both the appellants that
they had been falsely implicated in the case because of village politics. It is
argued by the learned counsel on behalf of the appellant- Parsdesiya Nagesia @
Mukesh Nagesia that as per the FIR, he had not identified the deceased as a
witch and therefore, he had no animus to commit the offence. Eye witnesses are
close family relatives and no independent witness has supported the prosecution
case.
9. Learned A.P.P. has defended the judgment of conviction and sentence.
10. FIR has been lodged without any delay. Informant (P.W. 4) is a rustic
tribal lady, who has deposed that both these appellants entered into her house at
about 10 O'clock in the day time and assaulted her husband with Tangi, resulti
ng in bleeding injuries, causing his death at the door of the house. In her
cross-examination, she has deposed that Sukhram was having Tangi and
Pardesiya, lathi in their hand. When the accused persons started assaulting her
husband, she fled away from there. The testimony of this witness has withstood
the test of cross-examination and defence has failed to elicit any contradiction
in her account.
11. Place of occurrence is established by other witnesses (P.W. 1 and P.W.3)
and also by the Investigating Officer (P.W. 7) to be the house of the deceased
from where blood-stained soil was collected and sent for chemical examination
to FSL. Investigating Office has deposed that blood-stained soil was seized
from the house of the informant where the incidence took place and the seizure
list has been proved and marked as Exhibit 5/1. As per the FSL report (Exhibit
6 and 6/1), blood-stained soil collected form the place of occurrence and the
Tangi where human blood of 'B' group, established the place of occurrence and
the use of Tangi in the said assault.
12. Informant was the natural witness to the incidence as the incidence took
place in her house and her testimony is corroborated by P.W. 3.
13. On the cumulative reading of the evidence on record, it is apparent that
the appellants branded the deceased as a witch and on the date of incidence,
entered into his house and hacked him to death in the presence of the informant.
Both of them shared common intention to cause death and participated in the
commission of the offence.
14. Under the circumstance, I do not find any infirmity in the judgment of
conviction and sentence.
Both the Criminal Appeals are accordingly dismissed.
Let the Trial Court Records be transmitted to the Court concerned along
with a copy of this judgment.
(Ananda Sen, J.)
(Gautam Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated, 27th September, 2024
AFR/Anit
