Dismissed¶¶19

Harijan Jamuda v. the State of Jharkhand

Jharkhand HC9 Sept 2024B.A./5137/2024

Case brief

AI extract

What is this about?

Jharkhand High Court (Subhash Chand, J.) rejects bail of Harijan Jamuda in witch (daain)-branding murder of Dashmi Purty; Sections 302/201/34 IPC; Goilkera P.S. Case No. 58 of 2023; S.T. No. 163 of 2024; body disposed of in Salma Kudar Dam; B.A. No. 5137 of 2024; order dated 09.09.2024.

What did the court decide?

The role of petitioner Harijan Jamuda was in disposing of the dead-body along with co-accused Sanatan Jamuda and Padu by throwing it into the dam, while the murder of the deceased was caused in the jungle near the bush. ¶¶18

Harijan Jamuda Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5137 of 2024

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Harijan Jamuda aged about 24 years son of Budhdev Jamuda, resident of village-Kula Tota Chitansai, P.O. + P.S.-Goilkera, District-Chaibasa at West Singhbhum (Jharkhand)

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…. … Petitioner Versus

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The State of Jharkhand …. ... Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. --------

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Order No. 02/ dated 09.09.2024

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Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant- Harijan Jamuda with the prayer to release on bail in connection with Goilkera P.S. Case No. 58 of 2023, corresponding to S.T.No. 163 of 2024 (M.C.A.No. 487 of 2024), registered under Sections 302/201/34 of the Indian Penal Code, pending in the Court of the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa.

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The F.I.R. of this case was lodged by Sombari Purty with these allegations that her elder mother-in-law Dashmi Purty was residing alone in a house. On 01.11.2023 at 6 O’ clock in the morning her elder mother-in-law did not come out of the house and was not visible so search was made of her. No whereabout was known. On 04.11.2023 at 6:30 the people of the village Dumariya had seen the dead-body floating in Salma

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Kudar Dam. She also reached there and identified the dead-body to be of her elder mother-in-law.

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It appears that some unknown persons had committed murder of her elder mother-in-law and had thrown the dead-body in the Dam. 5. During investigation statement of Jiten Purty, Kisan Purty, Bisra Boipai and Shakti Purty were recorded. All these are the eye-witness of the occurrence. Jiten Purty has stated that on 31.10.2023 at 7 O’ clock in the evening he along with Kisan Purty, Birsa Boipai, Shakti Purty were near the house of Sanatan Jamuda. All of a sudden, they saw near the house of Sanatan Jamuda that the family members of Sanatan Jamuda were brandishing old woman Dashmi Purty as witch (daain) and were also beating her. Sanatan Jamuda was saying that this old woman is a witch and on account of her his daughter-in-law had been ailing. Hearing the hue and cry, other persons of the locality also attracted there. Sanatan Jamuda was also saying that this old woman would be murdered. Thereafter the matter was pacified and Dashmi Purty went to her house. He along with his friend was also sitting near the house of Sanatan. There was electric light. At 8 O’ clock they saw Pandit Jamuda @ Jilinggau and Tapas Boipai @ Podu both dragging Dashmi Purty towards the jungle. Sanatan Jamuda was also with them. Podu had dropped the old woman in her courtyard and thereafter having

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tied her with the rope dragged her towards the jungle. He along with his friends Kisan Purty, Birsa Boipai, Shakti Purty followed them. While following them near the football ground they saw Pandit Jamuda @ Jilinggaw and Tapas Boipai @ Podu. Both had laid the old woman on the ground and thereafter took her towards the bush in the jungle. Both assaulted with a stone on her head whereby Dashmi Purty died. Both Jilinggaw and Podu told them not to disclose in regard to the occurrence. In failure to face the consequence. Leaving the dead-body in the bush he along with his friends came their house. On next day he, Kisan Purty, Birsa Boipai and Shakti Purty all were coming after taking tuition in the evening to their house. Sanatan Jamuda gave them 200 rupees to accompany. In greed of Rs. 200/- they all accompanied Sanatan Jamuda. He took them towards the jungle where the dead-body of Dashmi Purty was lying. Podu Boipai and Harijan Jamuda was also with Sanatan Jamuda. They all tied the dead-body with the rope and took the same to the jungle. Sanatan Jamuda, Padu Boipai and Harijan Jamuda all the three having tied the body with a stick took the same to the Dam. They also followed them and threw the same in the Dam. The same kind of statement is given by Kisan Purty, Birsa Boipai and Shakti Purty as well.

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Their statements are also corroborated with the postmortem report where are shown lacerated wound and

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fracture and cause of death is shown shock and haemorrhage leading to cardio respiratory failure on account of ante-mortem injuries. The injuries were caused by hard and blunt object. The role of present petitioner-Harijan Jamuda is in disposing the dead-body along with co-accused Sanatan Jamuda and Padu throwing the same in the Dam. While the murder of deceased was caused in the Jungle near the bush. Further on confessional statement of Podi Boypai @ Tapas, the blood-stained stone and the Lathi which was used in disposal of the body was also recovered.

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In view of the above, the bail petition of the petitioner is rejected.

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(Subhash Chand, J.)

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P.K.S

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Harijan Jamuda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Harijan Jamuda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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