LAWS(SC)-1965-5-1

AGHNOO NAGESIA Vs. STATE OF BIHAR

Decided On May 04, 1965
AGHNOO NAGESIA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appellant was charged under S. 302 of the Indian Penal Code for murdering his aunt Ratni, her daughter, Chamin, her son-in-law. Somra and Dilu, son of Somra. He was convicted and sentenced to death by the Judicial Commissioner of Chotanagpur. The High Court of Patna accepted the death reference, confirmed the conviction and sentence and dismissed the appeal preferred by the appellant. The appellant now appeals to this Court by special leave.

(2.) The prosecution case is that on August 11, 1963 between 7 a.m. and 8 a.m. the appellant murdered Somra in a forest known as Dungijharan Hills and later Chamin in Kesari Garha field and then Ratni and Dilu in the house of Ratni at village Jamtoli.

(3.) The first information of the offences was lodged by the appellant himself at police station Palkot on August 11, 1963 at 3-15 p.m. The information was reduced to writing by the officer-in-charge. Sub-Inspector H. P. Choudhury, and the appellant affixed his left thumb impression on the report. The Sub-Inspector immediately took cognisance of the offence, and arrested the appellant. The next day, the Sub-Inspector in the company of the appellant went to the house of Ratni, where the appellant pointed out the dead bodies of Ratni and Dilu and also a place in the orchard of Ratni covered with bushes and grass, where he had concealed a tangi. The appellant then took the Sub-Inspector and witnesses to Kasiari garha khet and pointed out the dead body of Chamin lying in a ditch covered with Ghunghu. The appellant then took the Sub-Inspector and the witnesses by Dungijharan Hills, where the pointed out the dead body of Somra lying in the slope of the hills to the north. The Sub-Inspector also recovered the appellant's house a chadar stained with human blood. The evidence of P. W. 6 shows that the appellant had gone to the forest on the morning of August 11, 1963.