LAWS(ALL)-1954-12-18

JAI KARAN AND ORS. Vs. STATE

Decided On December 01, 1954
Jai Karan And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an appeal by Jaikaran, Sahdeo, Chandar and Bhagirathi who have been convicted by the learned Sessions Judge of Basti under Ss. 201 and 302 of the Indian Penal Code read with Sec. 34 of the Code. Under the former count each has been sentenced to four years' rigorous imprisonment and also to a fine of Rs. 500/ - , and in default to undergo further rigorous imprisonment of one year ; and under the latter count each has been sentenced to death. They have appealed against their conviction and sentence. There is also the usual reference by the learned Sessions Judge for the confirmation of the sentence of death.

(2.) The charge against the Appellants was that on or about the night between the 23rd and 24th of August, 1953, in village Mahli they in furtherance of the common intention of all of them did commit the murder of one Smt. Malahia and they caused the evidence of the said offence to disappear by burying the dead body in the river bed of Mahsai Nadi with the intention of screening themselves from legal punishment. Malahia was aged between sixteen and twenty years. She was the daughter of Jaikaran Appellant, by caste Barai, and was the own sister of Sahdeo Appellant. The other two Appellants belong to the same family as Sahdeo. She was married to a person of her own caste. It was alleged that she went astray and was abducted by one Kumare Chamar. A panchayat was held and Malahia was restored to her father who made her go to her husband's place. She again went back to Kumare Chamar and she was again taken back and was married to one Ram Harak Barai. She did not give up her way ward course of conduct and ultimately she went away to one Rahman, a resident of village Saharia. It is contended that Jaikaran Appellant, the father, and Sahdeo the brother, as also Chandar and Bagirathi Appellants in sheer disgust put her to death and buried her dead body in the bed of the river with a view to conceal their crime. The Appellants denied their guilt and their complicity in the matter and they contended that they had been falsely roped in. There was some evidence on the record to show that Smt. Malahia was a woman of loose character and she had been going away from place to place. The father and the brother might under such circumstances have felt that she was bringing disgrace to the family; but that feeling might as well have been entertained by the members of the family of her husband. There is no direct evidence to the effect that the Appellants did commit the murder of Malahia. Nor was there any direct evidence to show that they had buried the bead body in the bed of the river.

(3.) It appears that on the 3rd of September, 1953, Dhonde Pasi P.W. 6, who is the Chowkidar of village Piprahawa, had gone to the river side to scrape grass at about 2 gharis before sunset. He noticed that in the bed of the river the bone of a dead body was visible coming out of the water. He suspected that there might have been some foul play. Accordingly he went to the police station and on the same day at 6 -45 p.m. he lodged a report at the Thana stating that it was not known whose dead body was there, and stating further that an investigation into the matter may be conducted. The Sub -Inspector proceeded to the scene of occurrence. The dead body was taken out on the 4th of September, 1953, with the help of Sahdeo Appellant and another. An inquest was made over the dead body. The inquest report shows that it was Sahdeo Appellant who had identified the body to be that of his sister.