BUDHU URAON ALIAS NATHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Aggrieved of judgment dated 20.11.1990 and order of sentence of the even date passed in Sessions Trial No.20 of 1986, two criminal appeals viz. Criminal Appeal (DB) No.244 of 1990 (R) on behalf of accused-appellant Budhu Uraon alias Nathu Uraon and Criminal Appeal (DB) No.374 of 1999 on behalf of accused-appellants Jagmohan Uraon, Ganesh Uraon and Rupan Devi have been filed.

(2.) The learned A.P.P. states that he has received a communication from the officer-in-charge, Barkakana police station which indicates that the appellant No.1 in Criminal Appeal (DB) No.374 of 1999 namely, Jagmohan Uraon has died. Accordingly, appeal qua accused-appellant No. 1 namely, Jagmohan Uraon in Criminal Appeal (DB) No.374 of 1999 stands abated.

(3.) On the basis of fardbeyan of the informant namely, Sukhdeo Uraon, a First Information Report was registered on 06.12.1982 against Sanichar Uraon, Rupan Devi, Babuna Uraon, Ganesh Uraon, Dilip Uraon, Mahabir Uraon, Mahadev Uraon and Budhu Uraon. The fardbeyan of the informant was recorded at about 6.45 p.m. at Barkakana police station. The initial prosecution case as disclosed in the fardbeyan is, that accused Budhu Uraon, his wife Rupan Devi and Sanichar Uraon dragged Butan Devi out of her house and brought her to the house of Budhu Uraon where other accused persons joined them. They started accusing her as witch and assaulted her and took her all around the village and thereafter again brought her to the house of Budhu Uraon. There, the accused Budhu Uraon threw her down the ground and jumped over her and pressed her abdomen and chest with his feet, whereupon Butan Devi became unconscious. The accused Budhu Uraon and Sanichar Uraon took her back to her house where she succumbed to the injuries. Six accused persons including the present appellants were put on trial for offence punishable under Section 302/149, IPC.