QUEEN Vs. PUNAIFATTAMA AND ANR

JUDGEMENT

(1.) The prisoners have been convicted by the Judge of Purnea concurring with the Assessors, of the offences of culpable homicide not amounting to murder, of three persons, Jatru, Menghan and Jikri, and of causing grievous hurt by means of dangerous weapons and means to Itwari Musahar, and sentenced to five years' rigorous imprisonment. They appeal. From the evidence as taken before the Judge, it appears that the prisoners who said they were gurus and came from Caragola joined a gang of coolies employed in making bricks and doing other work for the Darjeeling and Caragola Road, and offered to teach them snake incantation. Ten or twelve coolies, amongst whom were the three deceased and Itwari the injured man, were learning the incantation. They wore to have paid Rs. 2 or 1-8 each to the prisoners. After some days the prisoners wished the deceased and their other pupils to allow themselves to be bitten by snakes. They produced from an earthen pot two koraits and a keranti. The witness Bachu Sirdar says, "they began to make the snakes move about in front of us all. We became afraid. They said, why do you fear, we are gurus, and will soon restore you. After this they made us place our right hands on the ground and began to make the big korait move towards our hands. We immediately from fear raised our hands. After this the prisoners struck us with rattans, and when the snake moved to a distance, we again placed our hands on the ground. Then the prisoners took the snake near to Jitru, Menghan, Jikri and Itwari, and by striking it with a rattan made the snake bite Jitru on the fore-finger of the right hand. The throat; of Jitru immediately became dry, and he became senseless. Then the snake was made to bite Menghan on the fore-finger of the right hand; but Menghan did not suffer or become senseless. After this the snake was made to bite Jikri on the right hand; he did not either become senseless, but remained tottering. Then the snake was made to bite Itwari on the right wrist. He did not appear to suffer. Then Jitru died two hours before dawn, and the prisoners than ran away." The witnesses went in search of them, arrested them at 10 o'clock the following morning, brought them back and made them over to the police. The story told by the witness Bachu Sirdar is corroborated by Itwari, Lalu and Lochan. There is no substantial difference in their statements, except as one or another gives fuller details on particular points.

(2.) The examination of the prisoners before the Magistrate shows, that they were fully aware of the deadly character of the bite of a korait. The prisoner Punai says, he broke out the fangs of the korait and squeezed out the venom a week before the occurrence. He admitted that he knew the korait was a deadly snake. Jumai said he knew nothing about its teeth being extracted. He said "when the snake was brought in, a pang of fear shot through my vitals, and I was afraid of its biting."

(3.) When the first man Jitru had been bitten and was suffering from the effects of the bite, the prisoners did not at once desist, but went on urging the snake to bite others. When they found Jitru suffering, they apparently did not occupy themselves with uttering over him their mantra, which, according to the statement of Jumai before the Magistrate, is nothing more than "O mother, one of your children has bitten this person, heal, &c." When the snake was exhausted and could bite no longer, their attention was directed not apparently to the sufferers but to the snake. They took it up, rubbed it, and, having partially restored it, painted it on the head with vermilion and turned it out in a paddy field.