BAIJU ALIAS BHAROSA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Ramdayal (deceased) son of Ranglal (P.W. 2) lived in his house at village Gauripur, district Sarguja, with his two wives Smt. Fulkunwar (deceased) and Smt. Lakhpatiya (P. W. 1), his father Ranglal, his mother Smt. Bhagwanti (deceased) and his nephew Rambakas (deceased). Although Ramdayal married twice, he did not have a child and he and his family were keenly interested in having a child somehow. It is alleged that in the month of Kuar appellant Baiju alias Bharosa gave out that he had been sent by one Niranjan Gauntia and introduced himself to the family as a sorcerer or wizard who could bring about the birth of a child in the family with his extraordinary powers. He visited the family several times and practised sorcery. In those days Smt, Fulkunwar was suffering from small-pox and the appellant therefore went away saying that he would return after her recovery. He went there again in the month of Kartik of his own accord and practised sorcery in Ramdayal"s house for two nights. He went to Ramdayal"s house again in the month of Aghan and practised sorcery. He had a wall of Ramdayal"s house dug in and took out a piece of bone which, according to him, was an evil omen and prevented the birth of a child. He started taking Ramdayal and his wives to an adjoining "nala" at midnight on the pretext of driving away the appellant spirit. In this way, it is alleged, the appellant gained the confidence of the entire family and went and stayed at Ramdayal"s house in the month of Paus from January 11, 1975 to January 19, 1975. He demanded cloth and some articles for performing sorcery, but that was resented by Smt. Lakhpatiya.

(2.) It is further alleged that on January 19, 1975 the appellant asked Smt. Lakhpatiya to go to the house of her parents, without her ornaments and money, and promised that he would reach there and perform some ritual to drive away the evil spirit from her. At the same time he prevented Ramdayal, on false pretext, from accompanying her to the house of her parents. Smt. Lakhpatiya therefore went to the house of her parents at village Narainpur with her father-in-law Ranglal (P. W.2) on January 20, 1975. The appellant, in the mean time, persuaded Ramdayal to go with him to an adjoining "nala" for performing some religious rites, killed him there and threw his dead body in the "nala". He then went back to Ramdayal"s house, took Smt. Fulkunwar to another place in the same "nala", killed her there and threw her dead body also in the "nala". It has further been alleged that the appellant went to the house of Ramdayal and killed his mother Smt. Bhagwanti and his nephew Rambakas while they were sleeping there. He ransacked the house, broke open the boxes and took away a number of articles including a transistor, a watch, a bicycle, torch, two "addhis" gold, clothes, ornaments.

(3.) On the following morning, i. e. on the morning of January 21, 1975, Ramdayal"s neighbours, including his nephew Jai Ram (P. W. 4), became suspicious because of the unusual calm prevailing in his house and peeped inside. They saw the dead bodies of Smt. Bhagwanti and Rambakash with blood all around. They also found open boxes and articles lying there, Jai Ram therefore went to Police station Prem Nagar where he lodged report Ex. P. 3B before Head Constable Jagannath (P. W. 24). The Head Constable went to village Gauripur the same day, saw the dead bodies of Smt. Bhagwanti and Rambakas inside Ramdayal"s house and the broken boxes and articles lying all around. He also found that a stone was lying near the dead body of Rambakas and a piece of wood was lying over the head of Smt. Bhagwanti. He searched for Ramdayal and Smt. Fulkunwar but could not find them. Inquest reports were prepared in respect of the dead bodies and they were sent for post-mortem examination. The dead body of Smt. Fulkunwar was found on January 22, 1975 and the Head Constable prepared its inquest report. Sub Inspector P. K. Singh reached village Gauripur on January 21, 1975 at about 6 p.m. and started the investigation. He prepared what has been called "a dehati nalish" Ex. P. 32 on January 22, 1975 at 6.30 p.m. and also prepared seizure memorandum of several articles which were lying in Ramdayal"s house. He made a search for Ramdayal and found his dead body lying in the water of the "nala", under a block of wood, on January 23, 1975. An inquest report was prepared and several articles like rice, thread and match box which were also found lying on the "nala" were taken by the Investigating Officer in his custody. Another "dehati nalish" Ex. P. 32 A was prepared on January 26, 1975. The Investigating Officer also found receipt Ex. P. 29 of the sale of a watch to Ramdayal and took it into his possession on January 26, 1975. One shoe (article "U") and thereafter the other shoe (article "Ul") were found near the river on January 27, 1975 and were taken in police custody. Ramdayal"s license for the transistor was also taken over by the investigating officer.