RABAN MURMU Vs. STATE

JUDGEMENT

(1.) THIS jail appeal has been directed against the judgment and order of conviction dated 13th August, 1991 passed by the learned Sessions Judge, Malda in Sessions Case No.40 of 1989 and Sessions Trial No. 26 of 1991. By the impugned judgment and order the appellant before us has been sentenced to suffer imprisonment for life for commission of the offence under Section 302 of Indian Penal Code. The widow being PW -1 of the victim, viz., one Jishu Mardi since deceased, had lodged a complaint in writing which is treated as part of the F.I.R. alleging as follows : -

(2.) AT night on 24th Pous B.S. 1395 corresponding to 10th January, 1988 the accused and her late husband were taking liquor sitting in the house of the accused. PW -1 was sleeping with her children in her house situated in front of the house of accused at a distance of 15/20 cubits to the east. Her son, viz. Sunil Mardi being PW -2 as usual was sleeping with her mother in the house of the accused that night too. At about 10 p.m. on the fateful day viz. 10th January, 1988 she heard shouting of quarrel ensued between her late husband and the accused who happens to be her own brother on the issue of return of money. She heard her husband saying "Give back my money, give back my money". Being attracted with this exchange of hot words and quarrel she went there and found the accused was fleeing away from his house towards the field leaving a spade in the courtyard of his house. While fleeing away he did not say anything to her. On reaching at the threshold of the room she saw her husband restless and tossing himself in pain in the floor of the room. She could see in the light of the lamp (koopi) that blood was coming out from his head and forehead. Having seen this she roused her mother and her cousin elder sister from their sleep. They were sleeping at the verandah at the time. She told them of the incident. They also found her husband tossing in pain. Her husband was unable to speak and bear the pain and succumbed to injuries. All of them started crying and being attracted the neighbours came around of their house.

(3.) ON the following day, i.e., on 11th January, 1988 the F.I.R. was lodged in pursuance of the said complaint at the local police station which was at a considerable distance. In pursuance of this complaint the Investigating Officer arrived at that place and prepared inquest report and seized blood - stained wearing apparels of the deceased, the material object, viz., spade with blood mark. the I.O. collected the blood -stained earth, controlling earth, as well as, the kerosene koopi. The body of the victim was sent for post -mortem examination. The autopsy surgeon being PW -7 has carried out the post -mortem examination. Thereafter the learned Trial Judge after the case was committed to him, framed the following charges : -