BHULAKIRARN KOIRI ALIAS BHULAI KOIRI Vs. STATE

JUDGEMENT

(1.) THIS is a reference under section 374 of the Code of Criminal Procedure, dated the 7th March, 1967 from Sri d. C. Chakraborti, Additional Sessions judge, 1st Court, Howrah for confirmation of the sentence of death passed by him on the accused-appellant Bhulakiram Koiri alias Bhulai, who has been convicted under section 302 read with sec: 34 of the Indian Penal Code. while the co-accused Probhuram Pashi alias probhua was acquitted of the said charge, in Sessions Trial Case No. 1 of january, 1967. The accused-appellant also has appeal against the said order of conviction and sentence.

(2.) THE prosecution case which brings to light the unfortunate case of a spited friend, can be put in a short compass. The accused-appellant Bhulakiram and the deceased Musafir Singh were freinds and co-employees under messrs. Guest, Keen, Williams Ltd. at shipur, Howrah. Musafir was rather extravagant in nature and used to touch his friends for loans. Musafir had occasion to take loan from the accusedappellant bhulakiram but did not repay the same in spite of repeated demands. Bhulakiram became sore and threatened to take action. He is said to have observed that though there was friendship, there would be a fight some day. On the 22nd November, 1965, after the night-shift was over at the factory of Messrs. Guest, Keen, Williams limited, Bhulakiram took Musafir to the hotel of P. R. 9, Curmit Singh near the said factory and they had some snacks and also some wine, which they had brought along with themselves. Thereafter they left the hotel premises and an the way were joined by the co-accused Probhuram pashi alias Probhua. Together they proceeded to the betel and cigarette shop of P. W. 11, Ganga prosad Gupta. The said shop is opposite to the gate of Guest, Keen, Williams Limited. After purchasing some betel and cigarettes they left. Near about the said shop lived one Mantu Sarkar, the brother of P. W. 17, Jitendra chandra Sarkar and he also joined the party. Mantu Sarkar however is still absconding. They all went near the dhobi ghat where Bhulaki and Mantu gave the fatal blows and Probhua assisted them. When Musafir was considered to be dead, the body was thrown into the jhil and the party thereafter left the place. A natural commotion followed from the finding of the body in the jhil on the following morning. Ganga Prosad Gupta, P. W. 1. 1, out of curiosity went to see the dead body and found the deceased to be the companion of the above-mentioned Probhua and Bhulakiram whom he know before and he reported about his knowledge to P. W. 2, Narayan Shaw, who is Ms father-in-law. P. W. 2, has a grocery shop near about the place and he allso in his turn, when he met Probhua near his shop on the 24th November 1965 at about noon time, questioned him as to whether the latter knew about the said murder. Probhua is alleged to have made a confessional statement, whereby he implicated himself as well as the co-accused Bhulakiram and Mantu, to the said Narayan Shaw and was taken to the place of a resident of the locality viz. , P. W. 22, Sudhangshu Ganguly, who is a Development Officer of the life Insurance Corporation, Calcutta and a Deputy Group-Commandant of the Howrah Home Guard. Whan taken to his place, Probhua repeated his confessional statement and thereafter the said Sudhangshu Ganguly tried to contact the O. C. of the shibpur police station but failed and then contacted P. W. 30, Bidhu Bhusan Bhowmick, the Circle Inspector of Police, howrah and. took Probhua and narayan Shaw to his quarters. After reporting to him as to what he had learned, Sudhanghsu Ganguly placed probhua and Narayan Shaw in his charge. The Circle Inspector thereafter contacted the O. C. of Shibpur police station and S. I. Nihar Ranjan chatterjee, (P. W. 28) , came to his residence for investigation. Probhua was arrested at the house of the Circle Inspector and it is said that he made certain statements which were recorded by the said S. I. Nihar Ranjan Chatterjee, whereafter Probhua took the said officer to the house of the accused Bhulakiram at about 5-45 p. m. on that day. Neither Bhulakiram nor the members of his family were found in his house and on some information that the members of the family were contemplating departure by train from Howrah, the officer, with the landlord P. W. 5, Joy narayan Singh as also the police party, proceeded to the Howrah railway station and on searching the compartments in the Up Amritsar Express, bhulai's parents P. W. 7 and P. W. 18 and also the other members of his family could be found. All of them were brought back by the officer to the police station and their statements were recorded. At about that time the police came to know that Bhulai had come back to his house and they proceeded to apprehend him there. P. W. 6 Akhil Chandra Dey, who is another tenant in the said premises, came and reported about Bhulai who was later on detained by the inmates of the house and brought to the police station. Bhulai made certain statements at the police station which P. W. 28, S. I. Nihar Ranjan Chatterjee, recorded. On making the said statements bhulai led the officer to a pond in front of holding No. 384/1, Circular road, Shibpur, Howrah. Reaching there Bhulia is said to have pointed out a place which was full of water-hyacinth and an underwear and a bundle containing gamcha, handkerchief and khaki half-pant, all slightly wet and containing blood-stains, were brought out from the said place by the accused bhulai in the presence of witnesses. Bhulai thereafter led the police party to the house of Mantu Sarkar, who was not found and is still absconding. Certain articles viz. , two pieces of bandagecloth, with stains at places, were seized therefrom. P. W. 17, Jitendra chandra Sarkar, who is the brother of the said absconding accused, was present at the time of the said search. Bhulai was produced before the Magistrate on the following day viz. , the 25th november 1965 and taken over to police custody for verification of statements. On the 26th November 1965 bhulai led the investigating officer and the police party to a pond in Gopal chowdhury Lane and pointed out a place stating that he had thrown the dagger there and the dagger Ext. 5 with some blood-like stains thereon was found and seized by the police therefrom in presence of witnesses.

(3.) THEREAFTER there was an enquiry under section 307a of the Code of Criminal Procedure before Sri K. R. Banerjee, Magistrate, 1st Class, howrah who ultimately committed the two accused viz. , the accused-appellant bhulakiram on a charge under section 302 of the Indian Penal Code and the co-accused Probhuram, who has since been acquitted, on a charge under section 302/114 of the Indian Penal Code. In the court of session the said charges were cancelled and a single charge under section 302 read with section 34 of the Indian Penal Code was framed against both the accused. The charge is, inter alia, as follows : that the said two accused persons along with one Phanindra Ch. Sarkar alias Montu Sarkar on or about the day of 22nd and 23rd November, 1965, at shalimar B. F. Siding Jhil, Police Station shibpur, Howrah, sometime between 11-30 p. m. of 22nd and 1 a. m. on 23rd, in furtherance of common intention of them all did commit murder by intentionally or knowingly causing the death of Musafir Singh and thereby committed an offence punishable under section 302 read with section 34 of the Indian Penal Code.