Judgment The appellant was put on trial on the charge of committing murder of Charwa Oraon as well as his wife Maricho Devi after entering into his house and also for causing injuries to their three children by Bhujali. The court having found the appellant guilty of all the charges recorded the judgment of conviction dated 20.5.2004 passed in S.T.No.254 of 2001 and sentenced him, vide order dated 21.5.2004 to undergo rigorous imprisonment for life for each of the offences under Sections 302 and 449 of the Indian Penal Code and further sentenced him to undergo imprisonment for one year for the offence under Section 323 of the Indian Penal Code and further for six months for the offence under Section 3/ 4 of the Witch Craft Act. 2. The case of the prosecution is that Charwa Oraon (deceased), brother of the informant, Bandhan Oraon (P.W.7) was living separately in a house situated to some distance from the house of the informant but in the same village. On 4.9.2001 at about 9.30 p.m. when he was sleeping in his house, Saniya Oraon (P.W.4), aged about 13 years, son of Charwa Oraon (deceased) came and informed that the appellant Gondla Oraon at about 9 p.m. entered into the room and did assault his father and three sisters brutally, as a result of which, his father has died and other persons have sustained severe injuries. On getting this information, the informant, Bandhan Oraon (P.W.7), his father Madka Oraon and also villagers came rushing to the house of Charwa Oraon where he found his brother Charwa Oraon dead, who had had injuries over his neck and hand. They also did find Maricho Devi, wife of Charwa Oraon injured but was alive, who on being asked, told them that at about 9 p.m. Gondla Oraon came, entered into her house and assaulted her as well as her husband and also to their three children Sushanti (P.W.9), Manti Kumari (P.W.11) and Sainmait (P.W.10) by Bhujali. She also disclosed that the appellant did so as he was suspecting that on account of her husband practicing witchcraft his wife has died. They also found three daughters of Charwa Oaon in injured condition. At the place of occurrence, several villagers had assembled. She also disclosed that the appellant did so as he was suspecting that on account of her husband practicing witchcraft his wife has died. They also found three daughters of Charwa Oaon in injured condition. At the place of occurrence, several villagers had assembled. One of them was Saghan Lohra (P.W.3), who did disclose to the informant that when he heard distress sound coming from the house of Charwa Oraon, he came to the house of Charwa Oraon and then saw Gondla Oraon coming out of the house of Charwa Oraon with Bhujali which was smeared with blood. Upon seeing him, Gondla Oraon gave tangi blow to him, as a result of which he sustained injuries over her shoulder and ear. 3. On 5.9.2001 at 12.30 a.m. Choukidar of the village informed at Ghaghra police station about Charwa Oraon and his wife being killed. The said information was entered into the station diary and then Officer-in-Charge Ashok Kumar along with Sub-inspector Nawal Kishore Prasad (P.W.12) came to the village and recorded Fardbeyan (Ext.3) of the informant wherein he narrated about the incidence as has been stated above. 4. The informant further stated that the appellant did commit such offence as he was suspecting that Charwa Oraon had been practicing witchcraft on account of which his wife had died. 5. On the basis of the Fardbeyan, a formal FIR (Ext.3/1) was drawn. The investigation was taken by the Officer-in-Charge Ashok Kumar, who held inquest on the dead body of the deceased and prepared inquest report (Exts,2/2 and 2/3). The said Ashok Kumar having found injuries on the person of Sushanti (P.W.9), Sainmait (P.W.10) and Manti Kumari (P.W.11), all daughters of the deceased Charwa Oraon and also over Sughan Lohra (P.W.3), sent requisitions ( Exts.4, 4/1, 4/2 and 4/3) for their examination. They were examined by Dr. Minj and submitted injury reports (Exts.5/1, 5/2 and 5/3). Meanwhile, dead bodies were sent for post mortem examination which was conducted by Dr. A.D.N. Prasad (P.W.1). On holding autopsy on the dead body of Maricho Devi, he found the following injuries. “(i) Sharp cutting wound behind the right shoulder 5” x 2” x 3-1/2 cutting the right scapula and shoulder joint. (ii) Sharp cut on right postero lateral aspect of the neck with the cervical vertebra and the spinal cord 4” x 2” x 3”. On holding autopsy on the dead body of Maricho Devi, he found the following injuries. “(i) Sharp cutting wound behind the right shoulder 5” x 2” x 3-1/2 cutting the right scapula and shoulder joint. (ii) Sharp cut on right postero lateral aspect of the neck with the cervical vertebra and the spinal cord 4” x 2” x 3”. (iii) Two sharp cuts on the right side of the mandible 1” apart cutting the bone and part of the neck also 4” x 2” x 2-1/2”. (iv) Sharp cut wound on right cheek with the upper jaw broken 4” x 1-1/2” x 2”. (v) Sharp cut on the right hand cutting the bones of the middle and ring fingers of right hand. The metacarpals also were broken into many pieces”. 6. Doctor issued post mortem examination report (Ext.1) with an opinion that death was caused on account of haemorrhage and shock due to aforesaid injuries caused by Bhujali. 7. On the same day, he held autopsy on the dead body of the deceased Charwa Oraon and found following injuries.- “1. Sharp cut wound on right side of the forehead with depressed fracture of the frontal bone and laceration of the brain 4” x 1” x 2”. 2. Sharp cut wound on the dorsam of left hand and wrist joint splitting the left palm with multiple fractures of the bones of left hand 4” x 1” x 2”. 3. Sharp cut on anterior aspect of left shoulder joint 3” x 1” x 2” cutting the bones of left shoulder joint. 4. Two sharp cut wounds on right hand 3” x 1” x 2” with multiple fracture of the carpals and metacarpals of right hand and wrist joint. 5. The ring finger was partially chocked off.” 8. Doctor issued post mortem examination report (Ext.1/1) with an opinion that death was caused on account of head injury associated with other injuries. 9. Meanwhile, Nawal Kishore Prasad (P.W.12) took over the investigation who, when inspected the place of occurrence, did find good quantity of blood being spilled over the floor. He also recorded the statements of the witnesses. 10. Upon completion of investigation, when the charge sheet was submitted, cognizance of the offence was taken against the appellant. 9. Meanwhile, Nawal Kishore Prasad (P.W.12) took over the investigation who, when inspected the place of occurrence, did find good quantity of blood being spilled over the floor. He also recorded the statements of the witnesses. 10. Upon completion of investigation, when the charge sheet was submitted, cognizance of the offence was taken against the appellant. In due course, when the case was committed to the court of sessions, the appellant was put on trial, during which the prosecution in order to prove its case examined as many as 12 witnesses. Of them Saniya Oraon (P.W.4), Sushanti (P.W.9), Sainmait (P.W.10) Manti Kumari (P.W.11), all injured the daughters of the informant are the eye witnesses, who did testify that while they were taking meal, the appellant came and started assaulting Charwa Oraon and his wife and also to them by Bhujali, as a result of which their father and mother died. P.W.3, Sughan Lohra also happens to be injured witness, who has testified that on hearing halla when he came to the house of Charwa Oraon, he saw the appellant Gondla Oraon coming out of the house of Charwa Oraon with Bhujali which was smeared with blood. On seeing him, he gave tangi blow, as a result of which, he sustained injuries. P.W.5 Karampal Oraon, P.W.6 Chaitan Oraon and P.W.7 Bandhan Oraon, the informant have testified that when they came to the house of Charwa Oraon they found Charwa Oraon dead whereas his wife Maricho Devi and three daughters were injured. Maricho Devi was alive by that time, who disclosed that it was Gondla Oraon who had assaulted her, her husband and three children. 11. Upon closure of the prosecution case when the incriminating evidences appearing against the appellant was put to the accused person under Section 313 of the Code of Criminal Procedure, he denied. 12. Thereupon the court having placed its implicit reliance on the testimonies of the eye witnesses did find the appellant guilty of the charges and hence, recorded the order of conviction and sentenced which is under challenge. 13. Heard Mr. Ram Kishore Prasad, learned counsel appearing for the appellant and Mr. Satish Kumar Keshri, learned counsel appearing for the State. 14. Thereupon the court having placed its implicit reliance on the testimonies of the eye witnesses did find the appellant guilty of the charges and hence, recorded the order of conviction and sentenced which is under challenge. 13. Heard Mr. Ram Kishore Prasad, learned counsel appearing for the appellant and Mr. Satish Kumar Keshri, learned counsel appearing for the State. 14. The case of the prosecution is that while the deceased Charwa Oraon was in his house along with his wife Maricho Devi and three daughters, Sushanti (P.W.9), Sainmait (P.W.10) and Manti Kumari (P.W.11), the appellant came in the night and entered into the room and did assault Charwa Oraon, his wife Maricho Devi and three daughters. Charwa Oraon died immediately whereas Maricho Devi survived for some time which accusation gets established from the evidence of three daughters of the deceased, Sushanti, Sainmait and Manti Kumari, who have categorically deposed that while they were at home, Gondla Oraon came and did assault their father (Charwa Oraon), mother (Maricho Devi) and also to them. Their testimonies get strengthened from the fact that they were found injured which is evident from the injury report brought on the record by the prosecution. In such situation, there remains absolutely nothing to disbelieve their testimonies. However, it be stated that they have testified that they did not see the weapon by which the appellant did assault to them and also to their father and mother as it was dark. On account of this, it cannot be said that the witnesses were not in position to identify the appellant as the appellant was quite known and at the same time, complete darkness is ruled out from the fact as has been testified by Soniya Oraon (P.W.4), another daughter of the deceased wherein she has testified that at the time of occurrence, they were taking meal. In that event, it is not expected that they would have been taking meal in complete darkness. However, things were otherwise which gets reflected from the evidence of Sughan Lohra (P.W.3), who immediately reached at the house of the deceased an did find lantern being burning. Their testimonies further go to corroboration from the evidence of Soniya Oraon (P.W.4) who has testified that while they were at home, Gondla Oraon came with Bhujali and assaulted his father and mother. Their testimonies further go to corroboration from the evidence of Soniya Oraon (P.W.4) who has testified that while they were at home, Gondla Oraon came with Bhujali and assaulted his father and mother. Immediately thereafter she left home to inform all about it to his uncle Bandhan Oraon (P.W.7), who along with Karampal Oraon (P.W.5) and Chaitan Oraon (P.W.6) came to the house of Charwa Oraon where they did find Charwa Oraon dead whereas his wife Maricho Devi was still alive, who did disclose to them that it was Gondla Oraon, who did assault her and also her husband. The said fact further gets proved from the evidence of Sugan Lohar (P.W.3), an injured witness, who has testified that upon hearing halla when he came to the house of Charwa Oraon, he did see the appellant coming out of the house with Bhujali. On seeing him, the appellant did assault, as a result of which, he also sustained injuries which fact gets established from the injury report produced by the prosecution. 15. Nothing has been elicited on behalf of the defence so as to make any dent in the testimony of the witnesses and thereby we do find all the eye witnesses to be trustworthy. The motive of the occurrence has also been established as Saniya Oraon (P.W.4), daughter of the deceased and Bandhan Oraon (P.W.7), the informant have testified that when the wife of the appellant died, he had declared that she died on account of witchcraft being played by the deceased. 16. Under the circumstances, we do find that the trial court was absolutely justified in recording the order of conviction and sentence which is hereby affirmed. 17. In the result, this appeal stands dismissed.