Allowed

Mudua Doraiburu Alias Krishna Doraiburu v. the State of Jharkhand

Jharkhand HC11 Sept 2024B.A./6138/2024

Case brief

AI extract

What is this about?

Bail applications under Sections 302, 201/34 IPC arising from Tonto P.S. Case No.01 of 2024, based on last-seen evidence and recovery of blood-stained stone and wand on confessional statements not corroborated with postmortem findings; bail allowed.

What the court decided

AI extract

Mudua Doraiburu Alias Krishna Doraiburu Vs… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6124 of 2024

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Pachay Doraiburu @ Pacha Doraiburu, aged about 29 years, son of Birsingh Doraiburu, residence of village Kenjara, Tola Doraiburusai, P.O. & P.S. Tonto, District West Singhbhum. ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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With

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B.A. No.6138 of 2024

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Mudua Doraiburu @ Krishna Doraiburu, aged about 34 years, son of Sarjon Doraiburu, residence of village Kenjara, Tola Doraiburusai, P.O. & P.S. Tonto, District West Singhbhum. ..... … Petitioner

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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 Petitioners : Mr. Mr. Mr.	---- Gautam Kumar, Advocate Birat Kumar, Advocate Ashutosh Kumar Sinha, Advocate
For the State : Mr. Mr. ---	Naveen Kumar Ganjhu, A.P.P. Nawin Kumar Singh, Advocate -----

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04/11.09.2024 Heard learned counsel for the petitioners and learned A.P.P. for

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the State.

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Since these bail applications have arisen out of the same case crime number i.e., Tonto P.S. Case No.01 of 2024, they are heard together and disposed of by this common order.

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These bail applications have been filed on behalf of the abovenamed petitioners with prayer to release on bail in connection with Tonto P.S. Case No.01 of 2024 registered under Sections 302, 201/34 of the Indian Penal Code pending in the court of learned Judicial Magistrate 1^st Class, West Singhbhum at Chaibasa.

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The F.I.R. of this case was lodged by the wife of the deceased with these allegations that on 2^nd January, 2024 at 6 o’ clock on the day of New Year after having taken food she was along with her husband. At the same time Mudua Doraiburu @ Krishna Doraiburu, Pacha Doraiburu and Pradhan Doraiburu, all the three came to her house. They also took food with her husband and some altercation took place between her husband and these accused persons. After sometime all the three insisted her husband to accompany them to celebrate the New Year party and took her husband with them. When overnight, her husband did not come back, in the

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morning, she made search of him and no whereabouts was known. On 4^th January, 2024, the villagers saw the dead body of her husband in Lupungpee jungle of village Salikuti. The dead body was identified to be of the husband of the informant. She further alleged that her husband has deep wound near his eye and a deep wound on his neck. His neck, chest and leg were tied with gamcha. Hence, this F.I.R. was lodged against three accused persons.

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As per allegations made in the F.I.R., there is last seen evidence of the deceased along with three accused persons. As per written information and restatement of the informant, on 4^th January, 2024, the dead body of her husband was recovered from the Lupungpee jungle from the bush situated in village Salikuti. One Itel company red colour mobile phone was also recovered along with the dead body of her husband. Thereafter Pachay Doraiburu and Mudua Doraiburu both were nabbed by the police and their confessional statements were recorded. On their confessional statements, the blood stained stone and wand used in commission of the murder were recovered.

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As per postmortem report, the cause of death of the deceased is shock due to hemorrhage caused by stab wound on neck by sharp edged pointed object and one stab wound is shown on antenor part of neck of the deceased.

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The blood stained stone and wand which were recovered on the confessional statements of Pachay Doraiburu and Mudua Doraiburu alleged to be used in commission of murder of the deceased is not corroborated with the medical evidence

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Considering the facts and circumstances of the case, the bail applications of the petitioners are, hereby, allowed. Let the petitioners be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in aforesaid case.

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(Subhash Chand, J.)

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Rohit

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Mudua Doraiburu Alias Krishna Doraiburu v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Mudua Doraiburu Alias Krishna Doraiburu v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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