NISHI KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The main question involved in this appeal is, whether the statement of the appellant recorded by a village Mukhiya before he was handed over to the police is admissible in evidence; and if so, whether the court could reject a part thereof and rely on the remainder along with other evidence adduced to hold him guilty of an offence he was charged with. The evidence against the appellant was all circumstantial and there can be no doubt that if the statement before the mukhiya is to be left out of consideration, the appellant cannot be held guilty.

(2.) The appellant who was a student of a school in Jhajha was charged with the murder of a fellow student of the same school and robbing him of the sum of Rs. 34 on October 12, 1961. The additional Sessions Judge, Santhal Parganas acquitted the appellant of both the charges but, in appeal, the High Court four him guilty the charge of murder and sentenced him to imprisonment for life. The appellant has come up to this Court by special leave.

(3.) The case of the prosecution leading to the discovery of the murder and arrest of the appellant is as follows. When the Barauni-Sealdah passenger reached Madhupur station at about 3.52 p. m. on l2th October 1961 the dead body of a person was discovered in the lavatory of a first class compartment of that train. One Anil Kumar Roy who wanted to board the said compartment at Jasidih station (in between Jhajha and Madhupur) could not get the door opened and had to board another compartment. The dead body was found with the neck cut and besmeared with blood. Blood was coming out from the veins of the neck and there was plenty of it on the floor of the lavatory. The clothes of the deceased and his belongings like a comb, handkerchief were also blood-stained and there were finger marks in the lavatory. Photographs of the deceased were taken and later the body was identified as that of Jai Prakash Dubey, a student of class X-B Science of Jhajha High School. The postmortem report showed that there were no less than six incised injuries caused by some sharp cutting weapon. The injuries were homicidal and death was caused by bleeding and shock.