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Cr.A. No. 593/2011.

Defence of appellant/ accused

40. Appellant had taken first defence that Badri Prasad (PW/1) and his brother Rajesh, Harprasad (PW/4), Sanjay (PW/3), Bhola and Krishnakant Bharati (PW/9) have killed Ramesh Sen and they have falsely implicated appellant, his father and mother.

41. Saraswati (DW/1) stated that around 4-5 years ago (from court statement date 23/10/2009) she was cutting mustard crops with Shakuntala (co-accused) and 1-2 other labours. At around 12:00 to 01:00 p.m. Badri Prasad (PW/1) his brother and some other persons came by 3 motorcycles and Badri Prasad (PW/1) while abusing Shakuntala (co-accused), said that, that land belongs to him, vacate it. Shakuntala denied him, but he did not stop abusing, then Shakuntala went to report it in P/S. Thereafter, she saw that Badri Prasad (PW/1) and his brother were going towards well. She also saw that Badri Prasad (PW/1) and his brothers were chasing a man but she could not see who was beating whom. Later on she came to know that the person who was being chased by Badri Prasad (PW/1) and others, died. Her statement supported by Gulabiya (DW/3), Gudiya Choudhary (DW/4), Genda Choudhary (DW/5) and Shakuntala (DW/6). Accused Ganesh Prasad Choudhary (DW/8) also stated that on 27/02/2005 his mother (DW/6) and his both aunts (bua) were cutting mustard crops. He had gone to market at around 10-11 a.m. and came home at about 3:00 to 3:30 p.m., then shopkeepers stopped him at road and told him that Badri Prasad (PW/1) and his brothers have brutely beaten Ramesh Sen. Thereafter, he went to the house of her aunt Saraswati (DW/1) at village Patwara. Later he came to know that his father and mother have been accused for false charges. Badri Prasad (PW/1), Sanjay Kumar (PW/3), Harprasad (PW/4), Krishnakar Bharati (PW/9), Nitin Sen (PW/12) and Balipal (PW/15) have denied in their cross-examination that at the time of incident Badri Prasad Cr.A. No. 593/2011.