JUDGMENT : Kailash Prasad Deo, J. 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. 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. 4. On the basis of fardbeyan of the informant, police has registered Simdega P.S. Case No. 120 of 2007, dated 30.07.2007, under Section 302 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Craft (Daain) Practices Act against the sole accused Firu Kachuwa. 5. After completion of investigation, the police has submitted final form vide charge sheet no. 151/07 dated 17.09.2007, under Section 302 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Craft (Daain) Practices Act against the sole accused Firu Kachuwa. 6. The cognizance of the offence has been taken vide order dated 10.10.2007 and the case has been committed to the court of sessions vide order dated 30.11.2007. 7. The charge has been framed against the sole accused/appellant under Section 3 of the Witch Craft Act and under Section 302 of the Indian Penal Code, on 09.01.2008, to which the accused/appellant has pleaded his innocence and thus, he was put under trial. 8. The prosecution, to prove its case, has examined altogether five witnesses and also exhibited a number of documentary evidence up to exhibit-7. Sukra Kachuwa, has been examined as P.W.-1, Asmani Kumari, has been examined as P.W.-2, Baidynath Singh, investigating officer of the case, has been examined as P.W.-3, Dr. Krishna Kumar Sharma, Medical Officer, has been examined as P.W.-4 and Ropna Kachuwa, informant, has been examined as P.W.-5. Sukra Kachuwa, has been examined as P.W.-1, Asmani Kumari, has been examined as P.W.-2, Baidynath Singh, investigating officer of the case, has been examined as P.W.-3, Dr. Krishna Kumar Sharma, Medical Officer, has been examined as P.W.-4 and Ropna Kachuwa, informant, has been examined as P.W.-5. Fardbeyan has been proved and marked as exhibit-1, endorsement on the fardbeyan, has been proved and marked as exhibit-1/1, R.O. & A.C. with signature, has been proved and marked as exhibit-1/2, inquest report, has been proved and marked as exhibit-2, seizure list (two pages), have been proved and marked as exhbits-3 and 3/1, memo of arrest of the accused, has been proved and marked as exhibit-4, charge-sheet has been proved and marked as exhibit-5, confessional statement of the accused has been marked as Exhibit- ‘X’ for identification, Post mortem report of the deceased has been proved and marked as Exhibit- 6 and signature of Ropna Kachuwa on fardbeyan has been proved and marked as Exhibit- 7. 9. After closure of the prosecution evidence, the statement of the accused has been recorded under section 313 Cr.P.C., on 29.08.2012, to which the accused has denied the allegation levelled against him and stated that he is innocent and has been falsely implicated in this case. 10. After hearing learned counsel for the parties and on perusal of materials available on record, learned trial court has passed the impugned judgment of conviction and order of sentence against the appellant under Section 302 of the Indian Penal Code and under Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999. Being aggrieved at and dissatisfied with the impugned judgment of conviction and order of sentence, the appellant has preferred the present criminal appeal, assailing the same. 11. Heard, learned Amicus Curiae, Mr. Ashish Verma. Learned Amicus Curiae has submitted, that the impugned judgment of conviction and order of sentence is bad in law and cannot sustain in the eyes of law. Learned Amicus Curiae has further submitted, that informant Ropna Kachuwa (P.W.-5) has not stated in his fardbeyan, that he has seen the occurrence from his own eyes. Ashish Verma. Learned Amicus Curiae has submitted, that the impugned judgment of conviction and order of sentence is bad in law and cannot sustain in the eyes of law. Learned Amicus Curiae has further submitted, that informant Ropna Kachuwa (P.W.-5) has not stated in his fardbeyan, that he has seen the occurrence from his own eyes. Learned Amicus Curiae has submitted, that fardbeyan witnesses namely, Mani Ram Manjhi and Paras Nath Singh have not been examined in this case rather on the basis of the evidence of P.W.-1, Sukra Kachuwa, P.W.-2, Asmani Kumari and the informant Ropna Kachuwa (P.W.-5), who have claimed themselves to be eye witnesses to the occurrence in their evidence before the Court, learned trial court has convicted the appellant. Learned Amicus Curiae has further submitted, that prosecution has altogether examined five witnesses but other charge-sheet witness namely, Mani Ram Manjhi has not been examined in this case and the evidence of P.W.-1 Sukra Kachuwa and P.W.-2 Asmani Kumari are not in consonance with each other as P.W.-2 has categorically stated that after first assault, they have fled away and they have not seen the accused person killing mother of the informant. Learned Amicus Curiae has further submitted, that Dr. Krishna Kumar Sharma (P.W.-4) has proved the postmortem report as exhibit-4, but has found three sharp cut injury on the person of the deceased. Learned Amicus Curiae has further submitted, that as per the prosecution case and evidence of P.W.-1, P.W.-2 and P.W.-5, the accused has assaulted mother of the informant by means of tangi twice causing injury but the postmortem report shows three injuries on the person of the deceased. Learned Amicus Curiae has further submitted, that as per the seizure list (exhibit-3/1), the alleged tangi has been recovered from the roof of house of Sahru Mahto in village Saldega. Learned Amicus Curiae has further submitted, that confessional statement of the accused, which has been marked as 'X' for identification, never speaks about the house of Sahru Mahto, as such the recovery of tangi subsequent to the confessional statement of the accused will not come under Section 27 of the Indian Evidence Act. Learned Amicus Curiae has further submitted, that confessional statement of the accused, which has been marked as 'X' for identification, never speaks about the house of Sahru Mahto, as such the recovery of tangi subsequent to the confessional statement of the accused will not come under Section 27 of the Indian Evidence Act. Learned Amicus Curiae has thus submitted, that the appellant deserves to be acquitted from the charge and conviction under Section 302 of the Indian Penal Code and Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999 by extending benefit of doubt. 12. Heard, learned counsel for the State, Mr. Satish Kumar Keshri, learned Additional Public Prosecutor. Learned counsel for the State has submitted, that the impugned judgment of conviction and order of sentence has been passed by the learned trial court on the basis of materials available on record. Learned counsel for the State has further submitted that learned trial court has taken judicial notice regarding evidence of the five prosecution witnesses. P.W.-1, Sukra Kachuwa, P.W.-2 Asmani Kumari and P.W.-5 Ropna Kachuwa are eye-witnesses to the occurrence and evidence of P.W.-1 and P.W.-2 is in complete consonance with the evidence of P.W.-5, Ropna Kachuwa, who was ploughing his field near the place of occurrence and has also witnessed the occurrence. Learned counsel for the State has further submitted that the submission made by learned Amicus Curiae that P.W.-5 is not an eye witness to the occurrence is not acceptable as during examination-in-chief, P.W. 5 Ropna Kachuwa has categorically stated that he has seen the occurrence and during cross-examination the evidence remained intact as this witness has claimed himself that he has seen the occurrence. Learned counsel for the State has further submitted that recovery of tangi subsequent to the statement of the accused in police custody will come under the purview of Section 27 of the Indian Evidence Act. Learned counsel for the State has further submitted that as per section 27 of Evidence Act, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. Learned counsel for the State has further submitted that as per the confessional statement of the accused, he has confessed that after killing the victim he fled away along with tangi and kept the same in village, Saldega, which he could show to the police, pursuant thereto tangi was recovered and seizure list was prepared and the same has been marked as exhibit-3/1. This evidence has been corroborated by P.W.-3, Baidnath Singh, investigating officer of the case, who has proved the fardbeyan of Ropna Kachuwa (P.W.-5) in his handwriting and signature of Ropna Kachuwa (P.W.-5) as exhibit-1, inquest report prepared in his handwriting and signature as exhibit-2, seizure of an empty bag and one old bamboo piece with blood stained soil, has been proved and marked as exhibit-3, the arrest memo of the accused has been proved and marked as exhibit-4, the confessional statement of the accused bearing thumb impression of the accused has been marked as 'X' for identification, the production-cum-seizure list of tangi bearing signature of the witnesses has been proved and marked as exhibit-3/1, endorsement of the officer-in-charge on fardbeyan has been proved and marked as exhibit-1/1 and signature of this witness on fardbeyan as exhibit-1/2. The charge-sheet has been submitted by the investigating officer after completion of the investigation under Section 302 of the Indian Penal Code and 3/4 of the Prevention of Witch Craft (Daain) Practices Act, 1999 and the same has been proved and marked as exhibit-5. Learned counsel for the State has submitted that since no dispute has been raised with regard to the alleged tangi used in commission of the crime and as such the accused/appellant will not be prejudiced because of non-examination of the said tangi by Forensic Science Laboratory. Learned counsel for the State has submitted, that postmortem of the deceased Sulo Devi conducted on 30.07.2007 at 03:30 P.M. shows that she has sustained as many as three injuries, which are as follows;- “(i) Incised wound size 3 ½” x ¾” x 1” placed horizontally behind left pinna. (ii) Incised wound size about 4” x ½” x ½” over left occipital region of skull, (iii) Incised wound size 1” x ½” x ½” about 2” below injury no.1.” Learned counsel for the State has submitted that according to the doctor (P.W. 4) injury no. (ii) Incised wound size about 4” x ½” x ½” over left occipital region of skull, (iii) Incised wound size 1” x ½” x ½” about 2” below injury no.1.” Learned counsel for the State has submitted that according to the doctor (P.W. 4) injury no. (iii) is nothing but impact of injury no.1 which are ante mortem in nature caused by sharp cutting weapon, such as tangi. The cause of death is due to haemorrhage and shock caused by injuries. This witness has proved the postmortem report which has been marked as exhibit-6. Learned counsel for the State has submitted that the informant has been examined as P.W.-5 and has proved his signature on the fardbeyan, which has been marked as exhibit-7 and has categorically stated in his examination-in-chief as well as in paragraph 4 of his cross-examination that he has seen the occurrence from his eyes. Learned counsel for the State has thus submitted, that the learned trial court has rightly convicted the appellant under Section 302 of the Indian Penal Code and under Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999, which does not warrant any interference by this Hon'ble Court. 13. Heard, Mr. Ashish Verma, Amicus Curiae and learned counsel for the State, Mr. Satish Kumar Keshri, Additional Public Prosecutor and perused the evidence brought on record including the First Information Report, framing of charge, evidence of five prosecution witnesses, seven prosecution exhibits, statement of the accused recorded under Section 313 Cr.P.C., as well as the impugned judgment of conviction and order of sentence. The learned trial court has found that P.W.-1, Sukra Kachuwa and P.W.-2 Asmani Kumari have clearly stated in their examination-in-chief that they along with deceased were grazing the cattle, when accused Firu Kachuwa came there taking tangi in his hand and assaulted the deceased with tangi. P.W. 2, Asmani Kumari has further corroborated the fact that accused has assaulted the deceased after calling her daain in her presence. The version of this witness and other witnesses regarding the alleged assault with tangi have been corroborated by the Dr. Krishna Kumar Sharma (P.W. 4), as he has also found as many as three incised wound upon the dead body of the deceased and the same was caused by tangi. The version of this witness and other witnesses regarding the alleged assault with tangi have been corroborated by the Dr. Krishna Kumar Sharma (P.W. 4), as he has also found as many as three incised wound upon the dead body of the deceased and the same was caused by tangi. P.W. 5 (Ropna Kachuwa) informant has also stated that he has seen the alleged occurrence and in his presence, the accused committed murder of his mother by tangi. We have carefully examined the fardbeyan of the informant. From perusal of fardbeyan of the informant, it appears that informant has categorically stated in his fardbeyan that son of Firu Kachuwa, aged about 8 years was ill and as such, his mother was called as a daain, though she was not a daain. This witness has further stated that yesterday his mother went to rear the she-goat towards the paddy field alongwith his cousin Asmani Kumari (P.W. 2) and Sukra Kachuwa (P.W.-1) at around 4:00-5:00 P.M., Firu Kachuwa, accused/appellant came there with tangi in his hand and asked his mother to cure his son and assaulted his mother by means of tangi due to which his mother died at the spot. Informant has categorically stated that because of rain and night they could not inform the police earlier, as such, today i.e. on 30.07.2007, the informant along with the chowkidar came to the police station and informed the police, that dead body of his mother is lying at the place of occurrence. Eye-witnesses to the occurrence will also say about the occurrence as his mother has been killed by calling her as daain by Firu Kachuwa. Sukra Kachuwa (P.W.-1) has categorically stated in paragraph 4, that Firu Kachuwa came with tangi, assaulted Sulo Devi at two places i.e. near the neck and one place near the ear due to which mother of the informant has died at the spot. This witness has claimed himself to be an eye-witness to the occurrence. This witness has further stated that accused has called Sulo Devi as daain and thereafter assaulted her. This witness has identified the accused present in the dock, by saying that he has killed Sulo Devi. Asmani Kumari (P.W.-2) has stated in paragraph 2 of her examination-in-chief that Firu Kachuwa came there and referred Sulo Devi as daain and assaulted her on neck due to which she fell down and subsequently died. This witness has identified the accused present in the dock, by saying that he has killed Sulo Devi. Asmani Kumari (P.W.-2) has stated in paragraph 2 of her examination-in-chief that Firu Kachuwa came there and referred Sulo Devi as daain and assaulted her on neck due to which she fell down and subsequently died. She has identified the accused present in the dock. While cross-examining this witness, defence has proved her presence at the place of occurrence in paragraphs 4 and 5 and also proved by asking question to which the witness has replied that they were grazing the cattle near the same place and in paragraph 6, this witness has stated that she has seen the accused coming with tangi, assaulted from the sharp portion of the tangi on the back. She has further stated that she has seen the occurrence from a distance of 40-50 steps. She has further stated that they have fled away and disclosed the occurrence to several co-villagers. She has further stated that she has been examined by the police and she has seen Sulo Devi dying. Baidnath Singh (P.W.-3) is the Investigating Officer of the case, who has proved the entire documents including memo of arrest of the accused, confessional statement of the accused, seizure of tangi from village Saldega from the roof of the house of Sukra Mahto. Dr. Krishna Kumar Sharma (P.W.-4) has proved the post-mortem report as exhibit-6. Evidence of informant Ropna Kachuwa (P.W.-5) is in consonance with his fardbeyan and the evidence of P.W.-1 and P.W.-2. We have perused the judgment reported in (2016) 14 SCC 640 Mehboob Ali & Another versus State of Rajasthan at paragraphs 13 to 17 which reads as follows: 13. For application of Section 27 of the Evidence Act, admissible portion of confessional statement has to be found as to a fact which were the immediate cause of the discovery, only that would be part of legal evidence and not the rest. In a statement if something new is discovered or recovered from the accused which was not in the knowledge of the Police before disclosure statement of the accused is recorded, is admissible in the evidence. 14. Section 27 of the Evidence Act refers when any “fact” is deposed. Fact has been defined in Section 3 of the Act. Same is quoted below: “ ‘Fact’. 14. Section 27 of the Evidence Act refers when any “fact” is deposed. Fact has been defined in Section 3 of the Act. Same is quoted below: “ ‘Fact’. – ‘Fact’ means and includes— (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations: (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. ‘Relevant’. —One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.” 15. It is apparent that on the basis of the information furnished by accused Mehboob Ali and Firoz other accused, Anju Ali was arrested. The fact that Anju Ali was dealing with forged currency notes was not to the knowledge of the Police. The statement of both the accused has led to discovery of fact and arrest of co-accused not known to police. They identified him and ultimately statements have led to unearthing the racket of use of fake currency notes. Thus the information furnished by the aforesaid accused persons vide information memos is clearly admissible which has led to the identification and arrest of accused Anju Ali and as already stated from possession of Anju Ali fake currency notes had been recovered. As per information furnished by accused Mehboob and Firoz vide memos Exts. P-41 and P-42, the fact has been discovered by Police as to the involvement of accused Anju Ali which was not to the knowledge of the Police. Police was not aware of accused Anju Ali as well as the fact that he was dealing with fake currency notes which were recovered from him. Thus the statement of the aforesaid accused Mehboob and Firoz is clearly saved by Section 27 of the Evidence Act. Police was not aware of accused Anju Ali as well as the fact that he was dealing with fake currency notes which were recovered from him. Thus the statement of the aforesaid accused Mehboob and Firoz is clearly saved by Section 27 of the Evidence Act. The embargo put by Section 27 of the Evidence Act was clearly lifted in the instant case. The statement of the accused persons has led to the discovery of fact proving complicity of other accused persons and the entire chain of circumstances clearly makes out that the accused acted in conspiracy as found by the trial court as well as the High Court. 16. This Court in State (NCT of Delhi) v. Navjot Sandhu has considered the question of discovery of a fact referred to in Section 27. This Court has considered plethora of decisions and explained the decision in Pulukuri Kottaya v. King Emperor and held thus : Navjot Sandhu case, SCC p. 704, paras 125-27. “125. We are of the view that Kottaya case is an authority for the proposition that ‘discovery of fact’ cannot be equated to the object produced or found. It is more than that. The discovery of fact arises by reason of the fact that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place. 126. We now turn our attention to the precedents of this Court which followed the track of Kottaya case. The ratio of the decision in Kottaya case reflected in the underlined passage extracted supra was highlighted in several decisions of this Court. 127. The crux of the ratio in Kottaya case was explained by this Court in State of Maharashtra v. Damu. Thomas J. observed that: (SCC p. 283, para 35) ‘35. … The decision of the Privy Council in Pulukuri Kottaya v. King Emperor is the most quoted authority for supporting the interpretation that the “fact discovered” envisaged in the section embraces the place from which the object was produced, the knowledge of the accused as to it, but the information given must relate distinctly to that effect.’ In Mohd. … The decision of the Privy Council in Pulukuri Kottaya v. King Emperor is the most quoted authority for supporting the interpretation that the “fact discovered” envisaged in the section embraces the place from which the object was produced, the knowledge of the accused as to it, but the information given must relate distinctly to that effect.’ In Mohd. Inayatullah v. State of Maharashtra, Sarkaria, J. while clarifying that the expression ‘fact discovered’ in Section 27 is not restricted to a physical or material fact which can be perceived by the senses, and that it does include a mental fact, explained the meaning by giving the gist of what was laid down in Pulukuri Kottaya case. The learned Judge, speaking for the Bench observed thus: (SCC p. 832, para 13) ’13. …Now it is fairly settled that the expression “fact discovered” includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this (see Pulukuri Kottaya v. King Emperor; Udai Bhan v. State of U.P.).’ ” 17. In State of Maharashtra v. Damu the statement made by the accused that the dead body of the child was carried up to a particular spot and a broken glass piece recovered from the spot was found to be part of the tail lamp of the motorcycle of co-accused alleged to be used for the said purpose. The statement leading to the discovery of a fact that the accused had carried dead body by a particular motorcycle up to the said spot would be admissible in evidence. This Court has laid down thus: (SCC pp. 282-83, paras 35-38) “35. The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by subsequent events. The doctrine is founded on the principle that if any fact is discovered in a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true. The information might be confessional or non-inculpatory in nature, but if it results in discovery of a fact it becomes a reliable information. Hence the legislature permitted such information to be used as evidence by restricting the admissible portion to the minimum. The information might be confessional or non-inculpatory in nature, but if it results in discovery of a fact it becomes a reliable information. Hence the legislature permitted such information to be used as evidence by restricting the admissible portion to the minimum. It is now well settled that recovery of an object is not discovery of a fact as envisaged in the section. The decision of the Privy Council in Pulukuri Kottaya v. King Emperor is the most quoted authority for supporting the interpretation that the ‘fact discovered’ envisaged in the section embraces the place from which the object was produced, the knowledge of the accused as to it, but the information given must relate distinctly to that effect. 36. No doubt, the information permitted to be admitted in evidence is confined to that portion of the information which ‘distinctly relates to the fact thereby discovered’. But the information to get admissibility need not be so truncated as to make it insensible or incomprehensible. The extent of information admitted should be consistent with understandability. In this case, the fact discovered by PW 44 is that A-3 Mukinda Thorat had carried the dead body of Dipak to the spot on the motorcycle. 37. How did the particular information led to the discovery of the fact? No doubt, recovery of dead body of Dipak from the same canal was antecedent to the information which PW 44 obtained. If nothing more was recovered pursuant to and subsequent to obtaining the information from the accused, there would not have been any discovery of any fact at all. But when the broken glass piece was recovered from that spot and that piece was found to be part of the tail lamp of the motorcycle of A-2 Guruji, it can safely be held that the Investigating Officer discovered the fact that A-2 Guruji had carried the dead body on that particular motorcycle up to the spot. 38. In view of the said discovery of the fact, we are inclined to hold that the information supplied by A-2 Guruji that the dead body of Dipak was carried on the motorcycle up to the particular spot is admissible in evidence. That information, therefore, proves the prosecution case to the abovementioned extent.” 14. statement of the accused Firu Kachuwa. 38. In view of the said discovery of the fact, we are inclined to hold that the information supplied by A-2 Guruji that the dead body of Dipak was carried on the motorcycle up to the particular spot is admissible in evidence. That information, therefore, proves the prosecution case to the abovementioned extent.” 14. statement of the accused Firu Kachuwa. So far as the recovery of tangi is concerned, it was not within the knowledge of the police officer or any prosecution witnesses rather as per the confessional statement of the accused Firu Kachuwa, the same has been recovered, which directly comes under the ambit of Section 27 of the Indian Evidence Act and is legally admissible evidence. We have also perused the materials on record. It appears that there is sufficient material to constitute an offence committed by this accused under Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999 and under Section 302 of the Indian Penal Code and the learned trial court has rightly convicted the accused/appellant. 15. Under the aforesaid facts and circumstances, as discussed above, we are of the opinion that the learned trial court has rightly passed the impugned judgment of conviction and order of sentence and convicted the appellant for the charge under Section 302 of the Indian Penal Code and under Section 3 of the Prevention of Witch Craft (Daain) Practices Act, 1999. 16. In the result, the impugned 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 arising out of Simdega P.S. Case No. 120 of 2007, corresponding to G.R. Case No. 290/07, is hereby upheld and affirmed. 17. Accordingly, the present criminal appeal is dismissed without any interference. 18. Let the lower court record be sent along with a copy of this judgment to the court concerned, at once for necessary action. 19. Before parting with the judgment, this Court appreciates the assistance rendered by Mr. Ashish Verma, learned Amicus Curiae, in disposal of this criminal appeal. 20. The Secretary, Jharkhand State Legal Services Authority is directed to release the legal admissible remuneration to the learned Amicus Curiae, Mr. Ashish Verma within a period of four weeks from the date of presenting an application by him along with certified copy of this judgment.