SATISH CHANDRA SAHA Vs. STATE

JUDGEMENT

(1.) The appellant was tried by a learned Assistant Sessions Judge at Alipore, sitting with a jury, upon a charge under Section 304, Penal Code for causing the death of one Chaitanya Saha. The jury returned a unanimous verdict of guilty under Section 304, Part I, whereupon the appellant was convicted of the offence and sentenced to suffer rigorous imprisonment for 7 years.

(2.) The prosecution case against the appellant was as follows: The appellant and the deceased Chaitanya were co-villagers and neighbours. Between 8 and 8-30 P. M. on 26-5-1951, in the village called Makalgacha, Chaitanya went to the house of the accused to recover his cow which the accused had kept confined. While proceeding from his own house to that of the accused, along the village road, he was accosted by one Keshab Saha who was then sitting with another person on a 'Machan' in front of a shop. Chaitanya stated that he was proceeding to the accused's house to recover and fetch his cow which the accused had kept confined there. Shortly after Chaitanya had passed that way, Keshab and his two companions, named respectively Bhusan and Baharali Gazi, the latter having in the meantime joined Keshab, heard Chaitanya cry out as follows: "I am being killed by Satish Kala. Save me." On hearing this, Keshab flashed a torch light in the direction of the cry and saw the accused strike Chaitanya on the shoulder and then walk back to his house. This happened near the southern boundary fencing of the accused's house. Keshab and his two companions rushed to the spot and thereafter helped Chaitanya, who had been seriously injured, to walk a short distance upto a banyan tree. There underneath the tree Chaitanya was made to lie down, and shortly thereafter he was given first aid by a Doctor called Dr. Bahaman. In the meantime, many persons from the village had assembled on hearing the 'golmal. Chaitanya's wife and daughter also turned up. Before the arrival of the Doctor, Chaitanya muttered in a feeble but distinct voice that "Sate Kala', had wounded him. After first aid had been rendered to Chaitanya, he was taken to Basirhat hospital at a distance of about 7 miles from the place of occurrence. The party reached the hospital at about 2-30 A.M. At 3-30 A.M. Chaitanya made a statement to a Deputy Magistrate. By reason of Chaitanya's death, which took place at 7-45 A.M., the statement became Chaitanya's dying declaration. Keshab and his companion Bhusan had accompanied Chaitanya to the hospital and from there they left for Hasnabad Police Station about 10 or 12 miles away from the hospital Keshab's departure was long before the death of Chaitanya. The first information report was lodged at about 7-45 A.M. The Assistant Sub-Inspector of Police who recorded the first information report then left for the place of occurrence and on arrival there seized certain articles including an axe from the house of the accused. In addition, he took charge of a certain quantity of earth from underneath the banyan tree. The earth contained blood. Subsequently, a seizure list in respect of the articles seized on that occasion was prepared indicating the different places from which they were recovered. These articles were in due course sent to the Chemical Examiner and the Imperial Serologist. These were found to have upon them marks of human blood. It was until July 1951 that the accused surrendered in Court. After the investigation a charge-sheet was submitted and thereafter a preliminary enquiry was held and, as I have stated before, after being committed to the Court of Sessions, the appellant was tried and convicted of an offence under Section 304, Penal Code.

(3.) The defence of the accused, as it appeared from the cross-examination of prosecution witnesses, was that he had been falsely implicated as a result of a conspiracy among some of the prosecution witnesses. It was also suggested on his behalf that another person of the name of Satish Chandra Saha, also a co-villager, might have committed the offence.