STATE Vs. LAIKHAN PRADHAN

JUDGEMENT

(1.) THE we accused persons Laikhan Pradhan and Ramchandra Pradhan stand convicted under Section 304, Penal Code, and have been sentenced to rigorous Imprisonment for 7 years each. They have also been convicted under Section 201, Penal Code and sentenced to rigorous Imprisonment for one year each. The sentences are to run concurrently. The two appellants were charged undpr S. 302, Penal Code.

(2.) THE prosecution case la that deceased Kartik Pradhan was the brother of the two act cused persons. Laikhan being the eldest, Kartik the second and Ramchandra the last brother. The three brothers were living separate but in the same Khanja with a common courtyard. The cultivation however was Joint. Deceased Kartik was an old convict. He had been convicted thrice in cases of theft or robbery and was a police survelle. The Chowkidar used to check his presence at home every night. In the morning hours of 29-8-1953 the deceased had climbed up the thatch of neighbour Nrupa Bisi to steal some pumpkins grown on the thatch. The Inmates of Nrupa's house having raised an alarm, the deceased jumped down. The mothen of the deceased and his wife Bhagabati (P. W. 9) having disapproved of the action of the deceased, he assaulted the mother. As the deceased further attempted to assault his wife Bhagabati, she' sought the assistance of Laikhan, Laikhan having intervened was assaulted and Ramchandra also shared the same fate. There was a scuffle as between the deceased and the two accused persons. In the meantime Bhagabati left the house and sought for the Intervention of the neighbours Sukru Bisi (P. W. 11) and Padu Padhan. During the course of the scuffle, the two accused persons could fell deceased Kartik down. Laikhan throttled the neck of the deceased with his hands and Ramchandra caught hold of the legs and laid him down under the lemon tree inside the courtyard. The two accused persons thereafter put a bamboo stick across the neck of the deceased and pressed the stick one on either side. They pressed their feet also on his chest and as a result of this throttling and assault Kartlk died instantaneously. The prosecution story goes on further to say that after this part of the occurrence the two accused persons washed the dead body as it was besmeared with mud and removed it into one room where it was kept conceaied. Bhagabati (P. W. 9) came back and attempted to get in through the Sadar door which was then closed. But Laikhan advised her that she should fly away or else her husband, who had gone in search of her, might come and strike hen dead. She therefore fled away. Bhagabatt again returned at about evening time when she actually saw the two accused persons removing the dead body. The Chowkidar came to the house of the deceased to check his presence and marked him absent at home. But while returning he met Bhagabati and her father who told the Chowkidar. that Kartik had been murdered by his two brothers. Thereafter the Chowkidar lodged First Information Report on the next day at about 3-30 A. M. The Sub-Inspector of Police (P. W. 13) on return from duty took over the charge of investigation at about 1-30 p. m. on 30-8-1953. The two accused persons, it is alleged by the prosecution, led S. I. Police to a tank in Putrupall, nearly a mile away from the place of occurrence and took out the dead body from out of the water of the tank.

(3.) THE defence is a denial of the accused persons having murdered the deceased. They also denied that they concealed the dead body or led the S. I. of Police to the discovery of the dead body. Both the accused persons said that in the morning of the date of occurrence the deceased Jumped from the thatch of neighboun Nrupa, assaulted them and ran away and they do not know the cause of the death of Kartlk, the deceased.