JAGDISH TIGGA Vs. STATE

JUDGEMENT

(1.) THIS appeal is at the instance of one Jagdish Tigga who faced trial in respect of the charges under section 302 of the Indian Penal Code for committing murder of his wife, Kalra Belong, and his son, Sushil Kumar, aged about 2 -1/2 years and under section 307 of the Indian Penal Code for assaulting his another son viz., Karnulius Tigga @ Kote with aex with the intention to cause his death and was ultimately sentence to life imprisonment for both the aforesaid charges.

(2.) THE prosecution case can be summarized thus : On March 9, 1991, the complainant (P.W. 2) who happened to be a neighbour of the accused came back from duty at about 2 -30 p.m. While he was taking his lunch inside his house, he and his wife heard the cries of Kote, the son of the accused. The complainant, leaving his lunch unfinished, went outside their house. His wife (P.W. 1) also followed him. They found that the accused was chasing after his son Kote with an axe in his hand. On the way, Kote fell on the heap of ash lying on the side of road. The accused, thereafter, hit Kotq with the axe on his head by the blunt side of the said axe causing bleeding injuries. The accused thereafter went towards the road declaring that he would kill his other children. The complainant (P.W. 2) and his wife (P.W. 1) raised hue and cry. The inhabitants of the locality viz., Suleman Kujur, his wife Beronika, Jagannath, Sekra Kindo, Silvaster Xex and others assembled there. Silvaster in no time took injured Kote and went towards the Diglipur P.H.C. by his cycle. The complainant, his wife and other went to the house of the accused and found Kalra Belong, the wife of the accused, was lying dead on the floor in the corner of a cowshed in a pool in blood. They also found Sushil Kumar, another son of the accused aged about two and half years, lying with bleeding injuries, in the verandah attached to the cow shed. Sushil Kumar was still alive. The complainant (P.W. 2) lifted Sushil Kumar and after arriving at the road found one Ambulance. The complainant took Sushil Kumar to Diglipur P.H.C. by that Ambulance, but ultimately on the self -same day Sushil Kumar succumbed to the injuries. Kote, however, recovered and is alive.

(3.) THE police started investigation. The I.O. visited the spot, prepared by sketch map through the Patwari, arrested the accused person on the very same day and recovered the weapon viz., the axe (Mat. Ext. -1) at the instance of the accused person from the poultry farm of Kamil Tigga (P.W. 10). The I.O. made the inquest of the dead bodies, seized the wearing apparel of the accused, collected the blood stained earth, control earth, blood stained grass and earth and control grass and earth from the spots, blood stained wearing apparel of Kalra Belong etc. and sent those things to C.F.S.I., Calcutta, for chemical examination. Ultimately, after receiving the report, of the Autopsy Surgeon of the dead bodies of Kalra Belong and Sushil Kumar and injury report given by the doctor of the injured Kote, and other reports, submitted charge - sheet against the accused person under sections 302 and 307 of the Indian Penal Code.