KAMAL MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by two of the accused Kamal Murmu and Lakhiram Murmu, against the judgment of the High Court of Calcutta in Criminal Appeal No. 372 of 1986 dated 16-9-1987. In the Sessions Court there were in all four accused, namely, Rabi Murmu, the two appellants and Padmarani Murmu, the mother of Rabi Murmu. The Sessions Court convicted Rabi Murmu, and the two appellants under Section 302/34, I.P.C. and awarded life imprisonment. The abovesaid three accused and Shrimati Padmarani Murmu, the mother of Rabi Murmu were also convicted under Section 201/34, I.P.C. and each of them was sentenced to one year simple imprisonment. On appeal by the appellants as well as Rabi Murmu and Shrimati Padmarani Murmu, the judgment of the Sessions Court was affirmed by the High Court. There is no appeal by Rabi Murmu and Shrimati Padmarani Murmu to this Court from the judgment of the High Court. Appeal is preferred only by Kamal Murmu and Lakhiram Murmu.

(2.) The deceased Chunaram Murmu was the brother of one Makur Murmu, husband of PW 1. Rabi Murmu is accused No. 1 and his mother Shrimati Padmarani Murmu is accused No. 4. Rabi Murmus house is said to be adjacent to the house of deceased Chunaram and the house of Chunaram and the house of informant Makur Murmu is one bigha away from the house of deceased Chunaram. The house of Kamal Murmu and Lakhiram Murmu (who are sons of one Nandlal) is stated to be near the house of the informant Makur Murmu separated by a drain (Nala).

(3.) The prosecution case was that on 23/24-2-1983 at about 1 a.m. the informant Makur Murmu (who has since died) i.e. husband of PW 1 heard the alarm of Chunaram Murmu, the brother of Makur Murmu coming from the direction of the house of the accused Rabi Murmu. The informant and his wife (P.W.1) rushed to the house of the accused Rabi Murmu and found Chunaram being assaulted severely by Rabi Murmu and the two appellants Kamal Murmu and Lakhiram Murmu. It appeared to them that Chunaram was lying dead. All the three accused persons threatened P.W.1 and Makur Murmu not to shout. The informant and P.W.1 found Rabi Murmu and the appellants tying Chunarams body with a rope to a wooden log. Thereafter the accused persons told the informant that they were going to throw away the body of Chunaram. In late hours during the night the informant and his wife informed the villagers and some of their relatives including, Rabi Murmu (PW 5), Rajuram, Sirupati (PW 2), Manik Ghosh (PW 3) about the incident. Thereafter these witnesses went in a group to the house of the accused Rabi Murmu but they did not find the dead body. They saw accused mother Shrimati Padmarani wiping out some blood-stains from the courtyard. These witnesses then went to the police station and lodged an FIR. Police took cognizance of the offence and started investigation. Initially Rabi and his mother Padmarani were arrested. It is the prosecution case that Rabi made a confessional statement before the Investigating Officer leading to the recovery of the dead body from the jungle of Chamtubundh. The Investigating Officer (PW 6) held inquest on the dead body and sent it for post-mortem to PW 7. The further case of the prosecution was that the accused Rabi Murmu made a further confessional statement to PW 6 leading to the recovery of a spade and rope from the water of the Dumuria canal. After completion of the investigation, the police filed charge-sheet against the four accused. The charges against Rabi Murmu, Kamal Murmu, Lakhiram Murmu were framed under Section 302/34, I.P.C. and also under Section 201/34, I.P.C. while charge against accused Padmarani Murmu was only under Section 201/34, I.P.C. The accused persons pleaded not guilty. In their statements recorded under Section 313, Cr. P.C. they did not come forward with any specific defence.