PURNA BAHADUR BHUJEL Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The appellant Shri Purna Bahadkir Bhujel was tried under Section 302 IPC for allegedly committing murder by causing the death of one Kuchi Subha on 27.1.1995 by hitting him on his head by an axe. After trial he was convicted u/s 302 IPC 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 eyewitness. The conviction has been based on the following circumstances: (1) Extra judicial confession made by the accused of having committed the offence before PW3 (Shri Nareh Kumar Bhujel), PW-4 (Shri Dilip Bhujel) and PW-5 (Shri Tali Lalin). (2) When the charge was framed against the accused u/s 302 IPC 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 u/s 229, CrPC and (3) The admission of the guilt by the accused while making statement u/s 313 CrPC.

(3.) The prosecution story, in brief, is that on 28.1.1995 a written complaint was received by Itanagar 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 firewood 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 alongwith the accused Purna Bahadur Bhujel and reported that on 27.1.95 Kuchi Subba was murdered by the accused Purna Bahadur Bhujel with an axe while collecting firewood. Itanagar Police registered a case u/s 302 IPC.