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1978 Supreme(SC) 19

P.N.SHINGHAL, S.MURTAZA FAZAL ALI
Baiju Alias Bharosa – Appellant
Versus
State Of M. P. – Respondent


Advocates:
I.M.SHROFF, P.C.BHARTARI, R.K.JAIN

JUDGMENT

SHINGHAL J.:— 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 Ramdayals house for two nights. He went to Ramdayals house again in the month of Aghan and practised sorcery. He had a wall of Ramdayals house dug in and took out a piece of bone which, according to him, was an evi

















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