NIBARAN MURMU @ SAHEBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Nibaran @ Sahe bram Murmu has been convicted of the offences under Sections 302 and 326 of the Indian Penal Code, 1860 (1860 Code) for committingmurder of one Sripati Besra and also for voluntarily causinggrievo us hurt to two other indivi duals Girija Besra and Lebu bala Besra. The incident occur red in the early hours of 19th June 2006. Girijal, who deposed as P.W. 7 in the trial was the son of the victim where as, Lebu bala, being P.W. 8 was his wife. Place of occur ence of such offence was the residential house of the victims in Kush bani village in Purulia District. The Additi onal Sessions Judge , 2nd Court, Purulia, before whom trial was held, awarded rigorouimpri sonment for life to the appell ant for the offence under Section 302 of the 1860 Code and rigorous imprisonment for 10 years for the offence under Section 326 of the same Code. He found the appellant/accused guilty on both these counts, with which he was charged. For the former offence, he was sentenced to pay a fine of Rs.10,000/ - and in default to suffer simpl e impri sonm ent for one more year. For the latter offenc e, fine of Rs.5, 000/- was imposed, and in default there of, furthe r simpl e impri sonment for 6 more mont hs prescribed.

(2.) The prosecution case is that on 19th June, 2006 at about 10:25 hrs a written complaint was received in the Band wan Police Station, situated within the District of Purulia from one Maheshwar Besra of Kushbani village about death of the victim as well as injuries having been caused to the P.W.7 and P.W.8 . The written complaint did not contain the name of any assail ant, but it was stated that the victims were assaulted by three to four unkn own miscreants at about 12:30 hrs at night and that they had decamped with the house hold belon gings of the victims. On that basis, formal F.I.R was regist ered under No.18 /06, referring to Sections 394/ 302/ 326/ 307 of the 1860 Code. The investigation was assigned to one Ashoke Singh a Mahapatra, (P.W. 13) an S.I. of police who at that point of time was attached to the Burd wan police station. There were two other Investigating Officers of the case, Arindam Mukherjee (P.W. 14) and Radhakanta Pati (P.W. 15). Major part of the investigation was under taken , however, by the P.W. 13 only. P.W. 14 took over investigation on transfer of P.W. 13 and submitted the charge- sheet. P.W. 15 had submitted a supplementary charge- sheet after receiv inga report from the Forensic Science Labor atory. The victims were sent to the primary health center at Band wan for treat ment and evidence reveals that they had reach ed the said center, which is referred to as the hospital by some of the witnesses, at 5.45 A.M. on the same day. Inquest was made by the Investigating Officer Ashok Singh a Mahapatra at the place of occur rence as also the hospital where the dead body of victim was lying. The body of the victim was eventually sent to Purul ia Sadar Hospital where autopsy was cond ucted by Dr.Amal Nath, who has deposed as P.W.9 . The two injured persons, P.W. 7 and P.W. 8 were also referred to the same hospital as the attending medical practitioner found their condition serious. The said medical practitioner , Dr. Dhurmal Kisku has deposed in the trial as P.W. 10. On the date of occur rence itself, as per the prosecution story, aniron axe with about 3ft. helve was seized from a bush near the residence of the accused appellant by the P.W. 13. This axe has been made 'material exhibi t-1' in course of trial and the seizure list there of has been marked 'exhib it-3'. In the same list an attache box has been shown to have been seized . It also transpires from the deposition of P.W.13 that on the same date, but later in point of time he had seized from the reside nce of the appell antaccused a green coloured half sleevevest (ganji) and a pair of indigotrousers, both items carrying blood stains . The time of this seizure is 14:45 hrs, as reflected in the seizure list, marked 'exhib it-2'. The seizur e of the axe was effected, as per 'exhibit-3' at 15:35 hrs. The weari ng apparels as also the axe were sent to the FSL (Forensic Science Labor atory) for chemi calanaly sis. It has been submitted on behalf of the prosecution that sampl e blood of the deceased was also collected after postmortem. The FSL report (exhib it 13) indicates that serologist of the Government of India received a 'Ganji (cutting)', 'Blood soaked in filter paper' , 'Blade of Axe (scrapings)' and 'wood en handle of axe (scrapings)'. The serologist found the first two items stained in human blood but blood stains on the next two items had disintegrated and their origin could not be deter mined. It was observed in the report that blood group on the stains could not be deter mined.

(3.) The appell ant was arrested by the P.W.1 3 on 22nd June, 2006. It appea rs from deposition of P.W.1 3 that the appell ant had made confessional statement to him to the effect that he would help him inrecovering certain articles conne cted with commission of murder. The recovery in that regard was made of an exercise book on which the name of P.W.7 (Girijal Besra ) was written. The confe ssional state ment has been made 'exhib it-12'. Apart from this recovery, 'exhibit 12' also attributes to the appell ant confessional statement to the effect that he had committed the offence. This part of the statement has to be ignored as being inadmissi ble as it was made in the police station. The said course has been adopted by the Trial Court . There has been subsequent seizure of a kerosene lamp on 18th July, 2006 from the residence of the victims on 18th July, 2006.