PURNA BAHADUR BHUJEL Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The appellant Shri Purna Bahadur Bhujel was tried under Section 302, I.P.C. for allegedly committing murder by causing the death of one Kuchi Subba on 27-1-1995 by hitting him on his head by an axe. After trial he was convicted under S. 302, I. P. C. and sentenced to undergo imprisonment for life by the judgment of the trial Court dated 27-9-1996. This appeal was filed through Jail and Shri R. Goswami, Advocate was appointed as Amicus Curiae. Even during the trial, the accused was provided legal aid by appointing an advocate at the expense of the State Government to defend him.

(2.) In this case there is no eye-witness. The conviction has been based on the following circumstances : (1) Extra judicial confession made by the accused of having committed the offence before PW 3 (Shri Naresh Kumar Bhojel), PW 4 (Shri Dilip Bhojel) and PW 5 (Shri Tali Lalin). (2) When the charge was framed against the accused under S. 302, I. P. C. and read over and explained to the accused, he pleaded guilty to the charge. However, despite the plea of guilt, the trial Court in its discretion put the accused to trial under S. 229, Cr. P. C. and (3) The admission of the guilt by the accused while making statement under S. 313, Cr. P. C.

(3.) The prosecution story, in brief, is that on 28-1-1995 a written complaint was received by Itanaga Police from Shri Tali Lalin (PW 5) to the effect that on 27-1-95 in the early morning he had engaged two labourers, namely, Purna Bahadur Bhujel (the accused) and Kuchi Subba (the deceased) for collection of fire wood from the jungle towards zoo side. On 28-1-95 at about 6 p.m. some labourers, namely, Shri Dilip Bhujel and Shri Naresh Bhujel came to his house at Ganga Basti along with the accused Purna Bahadur Bhujel and reported that on 27-1-95 Kucha Subba was murdered by the accused Purna Bahadur Bhujel with an axe while collecting fire-wood. Itanagar Police registered a case under S. 302, I.P.C.