PRIYALAL BARMAN Vs. THE STATE

JUDGEMENT

(1.) THIS is a case of triple murder which took place on the night of 18th April, 1969. The accused, a son, is said to have murdered his father, his step -mother and his step -brother, and he has been sentenced to death under Section 302, I. P. C. The accused has appealed against his conviction and there is also the usual reference under Section 374, Cr. P. C. Both are taken up together. The accused was also convicted under Section 457, I.P.C., but no separate sentence was awarded to him.

(2.) THERE lived a man named Gopicharan Barman, aged about 55 years, at village Ratanpur under Udharbond Police Station. He seems to be a substantial man, having land and granary and several houses within his homestead and has also allowed the accused, who is his son, to build another house for him (accused) within his compound. Gopicharan's first wife is the mother of the accused who was driven away from his house while he was only three years of age. Gopicharan had a second wife Bazodi who had a son Parimal, aged about 11 years. The accused's mother since then resided at a place called Barbond about six miles from Ratanpur. The accused grew up and was serving in the Military Department and came to Ratanpur about two months prior to the occurrence and shared his stay with his father as well as his mother. The accused built the fifth house near his father's house at Ratanpur. On the previous day of the occurrence, Gopicharan went to the accused's house where heated altercation took place between the two. This quarrel was over a sum of Rs. 1400/ - (evidence of P.W. 5). On the morning of the occurrence, when Ananta Kumar (P.W. 1) was going by the side of Gopicharan's house, he heard a cry of distress - "Give me water, give water" - coming from inside the house. Ananta Kumar lives only hundred yards off from Gopicharan's house and his wife was also coming out at that time. Having heard the scream, he went inside the compound and found Gopicharan lying dead at the court -yard 'smeared with blood'. The cry for water was coming from inside the house and Ananta Kumar asked his wife to give water and he went to bring people. He then returned with Pulin, Rajendra and Arun and found Gopicharan's son Parimal lying dead on the bed. There was blood on his person. Bazodi, second wife of Gopicharan was lying on the bed with bleeding injuries by the side of her dead son Parimal. It is said that Bazodi told them that at night their son Jaurang (accused) "came and cut his father, his brother and herself". While Gopicharan and Parimai were already dead, Bazodi died on Sunday, the 20th at 10 A.M., the occurrence having taken place on Friday night. Before the death of Bazodi, Ananta went to the Udharbond Police Station, eight miles away, and verbally reported the occurrence and the Sub -Inspector of Police recorded the same (Ext. 1) on 19th April, 1969 at 10 -45 A.M. This first information report mentions the name of the accused to be the assailant of all the three persons mentioned above. It also appears that Santa Barman, Member of the Gaon Panchayat and another person were present when Bazodi mentioned the name of the accused to Ananta Kumar for the first time when the latter came with these persons to find out what had happened inside the house.

(3.) THE police officer registered the case and took up investigation and after leaving the police station at 11 A.M., arrived at the place of occurrence at half past twelve. He found the dead body of Gopicharan lying in the courtyard of the dwelling house near the verandah. His son Parimal Barman was found lying dead on the bed inside the house. He also found Bazodi lying injured by the side of her dead son. According to the Sub -Inspector of Police (P.W. 10) "Bazodi Barman stated that on the night of previous day, Jaurang forcibly entered the house and cut her, her husband and her son with a Bhujali", He sent for the doctor who came and recorded a statement of Bazodi at his request. He held inquest over the dead bodies of Gopicharan and Parimal (Exts. 4 and 5) and he drew up also a sketch map with index (Exts. 6 and 6(1)). He also stated that "the statements of Bazodi taken by Arun Master and the doctor were handed over to me". He came to know of the death of Bazodi on 20th and held inquest over her dead body (Ext. 7). He had on the previous day sent the dead bodies of Gopicharan and Parimal for post -mortem examination and sent the dead body of Bazodi for the same purpose on 20th. He seized an umbrella (Ext. I) and a naked lamp (Ext. II), a bamboo door and a little blood soaked soil (Ext. III) at the house of Gopicharan. After completion of the investigation, he submitted a charge -sheet. The cross -examination of this witness was only two sentences, namely "Bajodi Barman made all the statements in Bengali. I recorded her statement in English."