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2017 DIGILAW 1378 (GAU)

Bhim Turi v. State of Assam

2017-10-27

PARAN KUMAR PHUKAN, UJJAL BHUYAN

body2017
JUDGMENT & ORDER : Ujjal Bhuyan, J Heard Mr. P Bora, learned counsel for the appellants and Ms. B Bhuyan, learned Addl. Public Prosecutor, Assam. 2. This appeal is directed against the judgment and order dated 10.12.2012, passed by the learned Sessions Judge, Sivasagar in Sessions Case No.35(S-S)2007, convicting the appellants under sections 302/201/34 of the Indian Penal Code (IPC) and sentencing them to imprisonment for life and to pay a fine of Rs.5,000.00 each with a default clause for the offence under sections 302/34 IPC and rigorous imprisonment for 3 years with fine of Rs.1,000.00 each with a default clause for the offence under sections 201/34 IPC; both the sentences to run concurrently. 3. One Sri Mithun Turi, son of Lt. Pinpina Turi lodged a first information on 20.11.2005 before the Officer-in-Charge, Demow Police Station, stating that at around 03.30 p.m. on that day, Sri Bhim Turi and his two sons, viz, Bharat Turi and Jagu Turi came to the house of the informant and attacked them with dao/lathi etc.. The aforesaid accused persons attacked his father-Pinpina Turi with sharp weapons, which were in their hands by saying that he was rearing a witch and that he had finished his two sons. Because of the assault, father of the informant, Pinpina Turi sustained grievous injuries on various parts of his body. Thereafter, the accused persons dragged the father of the informant towards their house. After killing him, they buried his dead body in their enclosed yard. Informant further stated that in addition to the abovenamed accused-persons, another local resident, Sri Manglu Mirdha, was involved in the commission of the murder of informant’s father. It was further stated that after burying his father, the accused persons had killed Smti. Golapi Bhumij, a local resident, with a sharp weapon saying that she had taught the informant’s father the practice of witchcraft. 4. The first information was treated as FIR and on the basis of the same, Demow Police Station Case No.115/2005 was registered under sections 302/201 IPC. 5. Police investigated the case and in the course of investigation, PW-9, the Executive Magistrate, Sri Lakhinandan Boruah, conducted inquest on the dead body of Pinpina Turi after recovering the dead body in the compound of accused-Bhim Turi. PW-9 also conducted inquest on the dead body of Golapi Bhumij, which was also found in the compound of accused-Bhim Turi. 5. Police investigated the case and in the course of investigation, PW-9, the Executive Magistrate, Sri Lakhinandan Boruah, conducted inquest on the dead body of Pinpina Turi after recovering the dead body in the compound of accused-Bhim Turi. PW-9 also conducted inquest on the dead body of Golapi Bhumij, which was also found in the compound of accused-Bhim Turi. Police seized the weapons of offence used in the commission of the crime from accused-Bhim Turi and Manglu Mirdha, who were both arrested. Thereafter accused-Bharat Turi and Jagu Turi were arrested by the police. 6. After completion of the investigation, police submitted charge sheet against the accused persons under sections 302/201 IPC. 7. Being a case exclusively triable by the Court of Sessions, it was committed to the Court of Sessions for trial whereafter charges were framed against the accused persons, which were read over and explained to them. Accused pleaded not guilty and claimed to be tried. 8. During the trial, prosecution examined as many as 14 witnesses, including official witnesses. After closure of the prosecution witnesses, statements of the accused were recorded under section 313 of the Code of Criminal Procedure, 1973 (Cr.PC.). Plea of the accused was of total denial. Thereafter, two witnesses deposed on behalf of the accused. 9. After hearing the matter, learned Court below passed the judgment and order dated 10.12.2012. It was found that there was no evidence against the accused-Bharat Turi for commission of any offence under sections 302/201/34 IPC. As such, he was acquitted from the said charges and was set at liberty. However, the remaining three accused, namely, Sri Bhim Turi, Sri Jagu Turi and Sri Manglu Mirdha were convicted and sentenced as above. 10. Hence, this appeal. 11. Learned counsel for the appellants strenuously argued that learned Court below had committed manifest error in convicting the appellants on the basis of very sketchy evidence, which cannot be said to be a case of proof beyond all reasonable doubt. There are serious material contradictions in the testimony of the prosecution witnesses striking at the root of the prosecution case. Therefore, he submits that appellants should be given the benefit of doubt. 12. On the other hand, learned Addl. There are serious material contradictions in the testimony of the prosecution witnesses striking at the root of the prosecution case. Therefore, he submits that appellants should be given the benefit of doubt. 12. On the other hand, learned Addl. Public Prosecutor has referred to the evidence of PW-5 and PW-11 and submits that the evidence on record clearly points to the culpability of the appellants and, therefore, there is no error or infirmity in the order passed by the learned Court below. 13. Submissions made have been considered. Also perused the materials on record. 14. PW-4 is the informant i.e., Sri Mithun Turi. He stated that on the day of occurrence, he was in the market and there, he heard that accused-Bhim Turi had assaulted and killed his father-Pinpina Turi. When he came back from the market, he did not see his father-Pinpina Turi. On the next day, police had dug out the dead body of his father from the house compound of accused-Bhim Turi. He was present when the dead body of his father was dug out. He stated that accused-Bhim Turi had killed his father by suspecting him to be a ‘Dainee’ (witch). He further stated that he had heard from the villagers that accused-Bhim Turi had also killed Golapi Bhumij. 15. In his cross-examination, he stated that he did not see the incident and that police did not interrogate him. 16. PW-5, Sri Puran Bhumij, a tea garden labour of Rajmai Tea Estate was the sole eye-witness to the occurrence. He stated that he knew the accused persons, besides deceased-Pinpina Turi, who were his co-villagers. Deceased-Golapi Bhumij was his sister-in-law being the wife of his elder brother. The occurrence had taken place in the afternoon. He stated that accused-Bhim Turi, Jagu Turi and Manglu Mirdha had dragged Pinpina Turi from his residence by assaulting him and taken to a place behind the house of accused-Bhim Turi. He was specific in saying that he had seen the occurrence of dragging of the deceased-Pinpina Turi by the accused persons and had also seen the accused persons, viz, Bhim Turi, Jagu Turi and Manglu Mirdha assaulting the deceased-Bhim Turi, thereby causing his death and burying the dead body at a place behind the residence of accused-Bhim Turi. He was specific in saying that he had seen the occurrence of dragging of the deceased-Pinpina Turi by the accused persons and had also seen the accused persons, viz, Bhim Turi, Jagu Turi and Manglu Mirdha assaulting the deceased-Bhim Turi, thereby causing his death and burying the dead body at a place behind the residence of accused-Bhim Turi. He had given the information about the occurrence to the Secretary of Village Defence Party, who together with the Chowkidar of the Line called the police. The Chowkidar was PW-1, Shri Kashinath Rajput. After giving information to the Secretary of the Village Defence Party and the Line Chowkidar, he came back to the place of occurrence and then he saw the dead body of the deceased-Golapi Bhumij lying near the place where the deceased-Pinpina Turi was buried. He stated that he had given his thumb impression as a witness to the inquest reports prepared on the dead body of the two deceased persons. Further statement of PW-5 was that the accused persons had murdered Pinpina Turi and Golapi Bhumij by suspecting them to be ‘Dainees’ (witches). 17. In his cross-examination, he described position of his residence vis-a-vis, the place of occurrence, which took place in the enclosed yard of accused-Bhim Turi, which was bounded by bamboo fence. He stated that when the occurrence had taken place, he did not resist the accused-persons out of fear and witnessed the incident from his house without going near the accused persons. He further stated that he went to the market and informed the Line Chowkidar, Shri Kashinath Rajput about the incident. He also brought the Village Defence Party Secretary and the Gaonburah, whom he had found in the market and led them to the place where dead body was kept buried. He stated that though he had raised hue and cry, people in the neighbourhood did not turn up. When the police came, he saw the dead body of Golapi Bhumij and he heard that the accused persons had also killed her. Dead body of Golapi Bhumij was found near the pit where Pinpina Turi’s dead body was buried. He asserted that he saw injuries on the dead body of Pinpina Turi and saw five cut injuries in the back, abdomen, neck etc. on the dead body of Golapi Bhumij. 18. Dr. Dead body of Golapi Bhumij was found near the pit where Pinpina Turi’s dead body was buried. He asserted that he saw injuries on the dead body of Pinpina Turi and saw five cut injuries in the back, abdomen, neck etc. on the dead body of Golapi Bhumij. 18. Dr. Pranab Kumar Dutta, Senior Medical & Health Officer, Sivasagar Civil Hospital, deposed as PW-7. He stated that on 21.11.2005, he was attached to the Sivasagar Civil Hospital as Medical & Health Officer-I. On the basis of police requisition, he had conducted post-mortem examination on the dead bodies of Pinpina Turi and Golapi Bhumij. In so far Pinpina Turi was concerned, he found the dead body soiled with mud. There was a cut injury on the back side of the neck on the left side obliquely placed with the dimension of 4 cm. x 2 cm. x 2 cm. with clotted blood. There were multiple fractures of the ribs and both the lungs were lacerated with cavity containing clotted blood. Liver was also found lacerated. He stated that the findings relating to injuries were anti-mortem in nature and opined that death of the deceased was due to shock and haemorrhage as a result of the injuries sustained by the deceased. He proved the post-mortem report vide Ext-4. Further opinion of PW-7 was that the cut injuries found on the dead body of Pinpina Turi might have been caused by material Ext-1 i.e., the spade and material Ext-3 i.e., the dao. Material Ext-2 i.e., a long stick might have caused the lacerated and fracture injuries. 19. In so far Golapi Bhumij was concerned, PW-7 stated that he found three external injuries as under: - “1. Cut injury on the left ear in the middle with trace of blood; 2. Cut injury over left cheek; size 3 cm. x 3 cm. at the level of the mouth cavity; 3. Cut injury on the left side of the neck, 3 cm. x 1 cm.” 20. He also found multiple fractures of the ribs on both the sides with the cavity containing blood clot. Both the lungs were lacerated. Finding of the injuries were anti-mortem in nature. PW-7 opined that death of Golapi Bhumij was due to shock and haemorrhage as a result of injuries sustained by her. He proved the post-mortem report of Golapi Bhumij vide Ext-5. Both the lungs were lacerated. Finding of the injuries were anti-mortem in nature. PW-7 opined that death of Golapi Bhumij was due to shock and haemorrhage as a result of injuries sustained by her. He proved the post-mortem report of Golapi Bhumij vide Ext-5. PW-7 further stated that nature of injuries stained by Golapi Bhumij internally were sufficient in ordinary course of nature to cause death of a person. According to him, the three material exhibits could have caused the injuries sustained by the deceased. 21. PW-9-Shri Lakhinandan Boruah was the Circle Officer of Demow Revenue Circle at the relevant point of time. He stated that in connection with Demow PS Case No.115/2005, he had held inquest over the dead bodies of both Pinpina Turi and Golapi Bhumij. Regarding Pinpina Turi, he stated that he had got the dead body from Gomorguri Shramik Line of Rajmai Tea Estate where it was buried. The dead body was identified by Sri Mithun Turi, son of the deceased and the informant. Though the entire dead body was smeared with soil, PW-9 could see bleeding injuries on the left side of the neck, chin, left elbow and face. The right ear was found cut. He proved the inquest report of Golapi Bhumij, which was Ext-1 and Ext-2 was the inquest report of Pinpina Turi. Both the dead bodies were found within the campus and in the enclosed yard behind the house of Sri Bhim Turi, which was bounded by bamboo fence. 22. During his cross-examination, certain deficiencies in the conduct of inquest came to light. PW-9 admitted that he did not mention the time of inquest of both the dead bodies. Names of those persons who had dug out the dead body of Pinpina Turi were not mentioned. Distance between the two dead bodies was also not mentioned. 23. PW-10 was Shri Moon Ghatowar, a daily wage earner and a resident of Rajmai Tea Estate. He stated that on the day of the incident, he had gone to Sivasagar for his work on daily wage basis. He had reached home around 05/05.30 p.m. Then his wife told him that some incident of hacking had taken place at Rajmai Gomarguri Line. Thereafter, he went to the place of occurrence, which was behind the house of Sri Bhim Turi but within his compound. He had reached home around 05/05.30 p.m. Then his wife told him that some incident of hacking had taken place at Rajmai Gomarguri Line. Thereafter, he went to the place of occurrence, which was behind the house of Sri Bhim Turi but within his compound. There he found dead bodies of Pinpina Turi and Golapi Bhumij and saw accused Manglu Mirdha and Bhim Turi being kept seated by the police at the place of occurrence. In his cross-examination, he stated that he had reached the place of occurrence at dusk. In the darkness, he could not recognise the persons. Since he saw the dead bodies from a distance, he could not recognise them. 24. Coming to PW-11, Sri Netra Kamal Saikia, he was the Investigating Officer of the case. According to him, on 20.11.2005 at around 03.35 p.m., Manager of Rajmai Tea Estate had informed him over phone that some violence had taken place amongst the labourers at Gomorguri Mazdoor Line of the tea estate. Upon receipt of such information, Officer-in-Charge of the Police Station, Sri Amirul Hussain made GD Entry No.485/2005, dated 20.11.2005 and entrusted PW-11 with the investigation of the case. On being so entrusted, first he went to the house of Pinpina Turi and saw blood in the court yard of Pinpina Turi’s house. He learnt from the people gathered at the place of occurrence that Bhim Turi, Bharat Turi and Jagu Turi had killed Pinpina Turi by beating him up at his house and thereafter had taken away his dead body towards his house. On gathering such information, PW-11 went towards the house of Bhim Turi in search of Pinpina Turi. Reaching there, he saw Bhim Turi was filling up a hole by pressing the earth with his hands in a corner of the enclosed yard behind his house. PW-11 also saw Manglu Mirdha digging a hole with a hoe close to the hole filled up by Bhim Turi. PW-11 also saw the dead body of an old woman lying nearby. Bhim Turi and Manglu Mirdha did not flee on seeing the police. Both were taken into custody and in the course of interrogation, it could be learnt that dead body of Pinpina Turi was kept in the pit, which was filled up by Bhim Turi, and he was killed on suspicion of being a witch. Bhim Turi and Manglu Mirdha did not flee on seeing the police. Both were taken into custody and in the course of interrogation, it could be learnt that dead body of Pinpina Turi was kept in the pit, which was filled up by Bhim Turi, and he was killed on suspicion of being a witch. They had also killed Golapi Bhumij by suspecting her to be a trainer of witchcraft and that the hole which was being dug out by Manglu Mirdha was meant to bury the dead body of Golapi Bhumij. Executive Magistrate and Circle Inspector of Police had arrived at the place of occurrence. Executive Magistrate-Lakhinandan Boruah held inquest on the dead body of Golapi Bhumij first. Ext-1 was the inquest report which was signed by PW-11 as a witness. Since night fell, the dead body of Pinpina Turi was kept guarded by the police personnel during the night and the following morning, his dead body was exhumed. 25. PW-11 stated that on the first day itself, he had seized a hoe, one 4 feet (approx) long branch of tree and a dao at the place of occurrence from accused-Manglu Mirdha and Bhim Turi. Ext-3 was the seizure list which he proved. Material Ext-1 was the seized hoe; material Ext-2 was the branch of tree; and material Ext.3 was the dao. At about 6.15 a.m. on 21.11.2005, PW-11 again proceeded to the place of occurrence along with the Officer-in-Charge of the police station and the Executive Magistrate; then the dead body of Pinpina Turi was exhumed in presence of the said Magistrate whereafter, the Magistrate held inquest over it; Ext-2 being the inquest report, which he proved. Both the dead bodies were first brought to the police station whereafter those were sent to the Sivasagar Civil Hospital Civil Hospital for autopsy. He also referred to the statements made under section 161 Cr.PC by PW-1 Sri Kasinath Rajput, PW-2 Sri Gopal Patra and PW-6 Sri Suresh Nayak. 26. In his cross-examination, PW-11 admitted that he did not collect the sample of blood stains found in the court yard of Pinpina Turi and did not send the same for FSL examination. He also admitted that he did not record the names of those people who had told him that the accused-persons had killed Pinpina Turi and thereafter had taken his dead body towards the house of Bhim Turi. He also admitted that he did not record the names of those people who had told him that the accused-persons had killed Pinpina Turi and thereafter had taken his dead body towards the house of Bhim Turi. While admitting that he did not mention the place where the dead body of Golapi Bhumij was kept and the hole that was being dug, but insisted that the dead body was kept close to the hole. As darkness was descending, as per order of Executive Magistrate, dead body of Pinpina Turi was not exhumed that evening. Bhim Turi and Manglu Mirdha were arrested as they were found digging a hole and making other arrangements to bury the dead body of Golapi Bhumij. PW-11 pointed out certain lacuna in the inquest report, such as, not mentioning of the breadth of the hole from where Pinpina Turi’s dead body was exhumed and regarding the direction of the head of the dead body upon burial. The inquest report also did not mention the apparel that the deceased-Pinpina Turi was wearing. 27. PWs-1, 2 and 6 were declared hostile witnesses. Nonetheless, from the admissible part of the evidence of PW-1, Sri Kashinath Rajput, we find that he had admitted that he had seen the dead body of Golapi Bhumij lying on the garden road and that he had seen police digging out dead body of Pinpina Turi from out of a pit situated in the residential campus of Bhim Turi. He proved his signature to the inquest reports of Golapi Bhumij and Pinpina Turi. In his cross-examination, he admitted that he had seen the dead bodies of both the deceased. He further stated that deceased Pinpina Turi and Golapi Bhumij were believed to be Dainees (witches) by the people of the area. 28. PW-2, Sri Gopal Patra, stated that he had not seen the occurrence; it was intimated to him by one Sanda Mirdha. Deceased-Pinpina Turi and Golapi Bhumij were murdered by accused-Bhim Turi by assaulting them with a dao. He proved his signatures to the two inquest reports as well as in the seizure list and identified the material exhibits in the Court. In his cross-examination, he stated that he had seen the dead body of Golapi Bhumij when he went to the place of occurrence and the dead body of Pinpina Turi was exhumed on the next day. He proved his signatures to the two inquest reports as well as in the seizure list and identified the material exhibits in the Court. In his cross-examination, he stated that he had seen the dead body of Golapi Bhumij when he went to the place of occurrence and the dead body of Pinpina Turi was exhumed on the next day. Police had visited the place of occurrence twice on two consecutive dates. 29. PW-6, Sri Suresh Nayak, stated that on the day of incident, he was shopping in the Demow Rajmai market. After he returned home at around 04.30 p.m., he came to know about the incident. When he reached the place of occurrence, police were about to lift a dead body. Two dead bodies were recovered from the enclosed yard behind Bhim Turi’s house. 30. PW-3, Sri Paresh Kheruwa was a reported witness. According to him, while he was in the market, one woman, namely, Sanda Mirdha informed him that accused Bhim Turi was assaulting Pinpina Turi. He came with the police and PW-2 to the place of occurrence and saw the dead body of Golapi Bhumij lying inside the house campus of Bhim Turi and also saw accused Bhim Turi at the place of occurrence. He identified his signature in the seizure list-Ext-3 as well as in the two inquest reports. Bhim Turi was caught red handed from the place near the dead body of Golapi Bhumij. 31. This was the evidence laid on behalf of the prosecution. When the accused persons were confronted with the evidence gathered from the prosecution witnesses while recording their statements under section 313 Cr.PC, they denied their involvement in the commission of the offence. Thereafter, evidence of two defence witnesses, namely, Shri Hiralal Patra-DW-1 and Shri Rajesh Gowala-DW-2 were recorded. 32. DW-1 stated that though he was a resident of Rajmai Tea Estate and had heard that two persons were killed, one male and another female, suspecting them to be witches, he did not see as to who had killed them. According to him the two dead bodies were found about 50 odd feet away from the residences of the two accused persons. The land over which house of the accused persons were constructed belongs to the tea estate and not to the accused persons. However, in his cross-examination, he stated that he did not know about the incident. According to him the two dead bodies were found about 50 odd feet away from the residences of the two accused persons. The land over which house of the accused persons were constructed belongs to the tea estate and not to the accused persons. However, in his cross-examination, he stated that he did not know about the incident. Similar was the testimony of DW-2. Though in his cross-examination, he stated that the two deceased-Pinpina Turi and Golapi Bhumij were murdered, but he did not see as to where the dead bodies were found since it was a market day in the garden. 33. Thus, from a cumulative assessment of the evidence on record what comes to the fore is that PW-5, the eye-witness, had seen accused persons, namely, Bhim Turi, Jagu Turi and Manglu Mirdha assaulting Pinpina Turi whereafter they dragged the dead body of Pinpina Turi to a place behind the house of accused-Bhim Turi. Pinpina Turi was buried at a place behind the house of accused Bhim Turi. He had gone out to give the information to the Village Defence Party Secretary and the Chowkidar of the Line. After he came back, he saw the dead body of Golapi Bhumij lying near the place where the deceased Pinpina Turi was buried. There is no reason to disbelieve the evidence of PW5. His testimony could not be discredited in cross-examination. Evidence of PW-5 has been matched by the statements of the other witnesses, including the hostile witnesses and by PW-11, the Investigating Officer. It is in the evidence that police found Bhim Turi filling up the pit by pressing earth with his hands and Manglu Mirdha digging another pit nearby. Police also found the dead body of Golapi Bhumij lying nearby the pit filled up by Bhim Turi and the new pit being dug by Manglu Mirdha. Both Bhim Turi and Manglu Mirdha were apprehended by the police from the above spot and the three material exhibits were seized from them. On the next morning, from the pit filled up by Bhim Turi, the dead body of Pinpina Turi was exhumed. Though there is some discrepancy in the evidence of PW-10 and making of inquest reports by PW-9, the same was a deficiency in investigation, which does not cast a shadow on the overall prosecution narrative. On the next morning, from the pit filled up by Bhim Turi, the dead body of Pinpina Turi was exhumed. Though there is some discrepancy in the evidence of PW-10 and making of inquest reports by PW-9, the same was a deficiency in investigation, which does not cast a shadow on the overall prosecution narrative. Likewise, the failure of PW-11 to get the blood stains found in the court yard of deceased-Pinpina Turi and the blood stains, if any, from the material exhibits examined in the forensic science laboratory; only points to the drawback in the investigation by PW-11. 34. We have discussed about the post-mortem examination report and the evidence of the doctor-PW-7, who was categorical in his evidence that the injuries found on the persons of the two deceased were anti-mortem in nature and could have been caused by the material exhibits, which in the ordinary course of nature would have led to the death of the two deceased. 35. However, having said that we are conscious of the fact that the learned trial judge had acquitted the fourth accused-Bharat Turi from the charges on account of lack of evidence. We also find that in respect of appellant Jagu Turi, there is only a single statement of PW-5 mentioning his name in the commission of assault on Pinpina Turi. Barring this statement, there is no other evidence implicating Sri Jagu Turi in the commission of the offence. Sri Jagu Turi was also not found in the place of occurrence i.e., near the two pits where Bhim Turi and Manglu Mirdha were present from whom the material exhibits were seized. No specific act, overt or covert, was attributed to Sri Jagu Turi. On the basis of the evidence on record, we find it difficult to rope in Sri Jagu Turi in the commission of the offence with the aid of section 34 IPC. In such circumstances, we feel that the same benefit of doubt, which was granted to the accused-Bharat Turi, may also be extended to accused-appellant Jagu Turi and he should be given the benefit of the doubt. 36. In such circumstances, we feel that the same benefit of doubt, which was granted to the accused-Bharat Turi, may also be extended to accused-appellant Jagu Turi and he should be given the benefit of the doubt. 36. In so far accused-Bhim Turi and Manglu Mirdha are concerned, the evidence of PW-5 and PW-11 together with the circumstance in which they were found near the dead body of Golapi Bhumij and the two pits, one being filled up by Bhim Turi and the other being dug by Manglu Mirdha, both in near proximity and behind the residence of Bhim Turi but within his residential compound, clearly prove the involvement of the aforesaid two accused persons in the commission of the offence of murder of Pinpina Turi and Golapi Bhumij. The seizure of material exhibits from them and the factum of exhumation of the dead body of Pinpina Turi from the pit filled up by Bhim Turi only reinforces the above conclusion. Therefore, we do not find any good ground to interfere with the conviction and sentence of accused-Bhim Turi and Manglu Mirdha. 37. Before parting with the record and having regard to the nature of the offence, we are compelled to put in a word or two regarding the social menace of witch hunting, because of which two innocent persons were murdered. As the name itself suggests, some people, mostly elderly women, are branded as witches and thereafter they are subjected to severe abuse in the name of ridding the society of such evil. Witch hunting as a phenomenon is not only confined to the State of Assam; it has affected large parts of the country. It is rooted in flawed quasi-religious beliefs, antiquated socio-cultural traditions blended with extreme superstitions practices. Branding of a man or a woman as a witch and then resorting to witch hunting is the most dehumanizing act and is one of the worst forms of human rights violations. It can have no place in a civilized society. Therefore, witch hunting as a socio-legal problem has to be confronted at multiple levels. Considering the enormity of the problem and the multi-dimensional approach needed to combat the menace, many states have enacted special laws out-lawing witch hunting. It can have no place in a civilized society. Therefore, witch hunting as a socio-legal problem has to be confronted at multiple levels. Considering the enormity of the problem and the multi-dimensional approach needed to combat the menace, many states have enacted special laws out-lawing witch hunting. In so far Assam is concerned, we have been informed by the learned Additional Public Prosecutor that in response to PIL No.98/2013 (Shri Rajeeb Kalita -Vs- State of Assam), learned Advocate General, Assam had assured the Court on 06-04-2015 that to combat the cruel and evil action of witch hunting largely prevalent in the State of Assam, necessary legislation would be enacted in the July session. On such undertaking, the PIL was closed. Thereafter, the Assam Witch Hunting (Prohibition, Prevention and Protection) Bill, 2015 was passed by the Assam Legislative Assembly whereafter Governor of Assam had sent the Bill to the President of India for assent; the Bill is now pending before the Home Ministry, Government of India. 38. We have stated the above only to remind ourselves about the prevalence of the inhuman and barbaric practice of witch hunting in the State of Assam and the need for a special law to tackle this problem head on. Beyond this, we would not like to say anything more on the subject. 39. Reverting back to the appeal, accused appellant Sri Jagu Turi is acquitted of the charges by giving him the benefit of doubt; he shall be released from custody forthwith, if not detained in any other case; in so far accused appellants Sri Bhim Turi and Sri Manglu Mirdha are concerned, their conviction and sentence are hereby affirmed. 40. Appeal is accordingly disposed of. 41. Registry to send down the LCR forthwith.