BUDHAN BHARTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) On the basis of fardbeyan of Baudh Paswan which was recorded on 30th March, 2005 at about 11:30 a.m. in Chaman Katta forest near Tumbia village, Pratappur P.S. Case No. 09 of 2005 was registered against thirteen accused persons under sections 147, 149, 302 and 201 of the Indian Penal Code. After the investigation, a charge-sheet was submitted against Budhan Bharti and Chandra Deo Bharti; Chandra Deo Bharti has absconded.

(2.) In S.T. No. 03 of 2006, the appellant has been convicted and sentenced to R.I. for life under section 302 of the Indian Penal Code and R.I. for seven years under section 201 of the Indian Penal Code.

(3.) The informant of this case is son of Jagdeo Paswan, the deceased. In his fardbeyan, he has stated that on 29th March, 2005 at around 2 p.m. his co-villagers, namely, Brahmdeo Yadav, Shibu Yadav, Bali Yadav, Chandradeo Yadav, Chaman Yadav, Krishna Yadav, Chandra Kumar Yadav, Budhan Bharti, Manoj Bharti, Ganeshi Bharti, Sukhdeo Bharti, Sanjay Bharti and Nakhdeo Bharti forcibly took away his father for performing witch-craft and the next day morning at about 10-11 a.m. dead body of his father was found lying in Chaman Katta forest. The informant has stated that due to a land dispute with the villagers and their doubt about his father practicing witch-craft the accused persons have killed his father. The informant has been examined as PW-2 in the court. He has narrated a similar story about the incident which had happened in the afternoon of 29th March, 2005. He has spoken about the accused persons coming to his house, taking away his father forcibly and recovery of dead body of his father in the forest.