PULU MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Criminal Appeal 127(J) of 2002 and Criminal Death Reference Case No. 2 of 2002 were heard analogously and disposed of by this common judgment and order.

(2.) In Sessions Case No. 97(T)/98, the accused appellant Pulu Mura, (hereinafter referred to as the accused) was charged for commission of the offence under Section 302, IPC on the allegation that in between the night of 14-2-1998 and 15-2-1998, he caused the death of his four children, namely, (1) Mantu Mura, (2) Kanchi Mura, (3) Sagi Mura and (4) Mangri Mura. The eldest of the four children was aged about 10 years and the youngest was about 3 years old. The prosecution allegation, as emerged from the evidence on record, is that the wife of the accused-appellant, Pulu Mura, left him and eloped with another person about 3 months prior to the occurrence and thereafter, the accused was residing in his house along with his four children. On the evening of 14-2-1998 the four children had gone to neighbours house to witnessT.V. and they allegedly returned late. On the next date (day) morning the accused was seen sitting in the Verandah in his house, whereupon his father, Siva Mura (P.W. 1), who used to reside in a separate house in the same compound, enquired from him about the children as he (P.W. 1) had not seen the children. The accused was armed with a dao and he informed P.W. 1 that he had killed his children, entered into the house of the accused. They saw blood marks all over the place and found the dead bodies of the four children of the accused lying there.

(3.) P.W. 5 is Dr. M.N. Gogol, who held autopsy over the dead bodies and found as follows :