CHOTA LAKHIRAM MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Sessions Trial No. 25 of 1968, the appellant before us, Chota Lakhiram Murmu, has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the Sessions Judge of Santal Parganas. He has been held guilty of having murdered one Thakurain Murmu on the 26th April, 1967. The prosecution case, as narrated by informant Samu Murmu (P.W. 1) is that deceased Thakurain Murmu was the fua of the informant. She was a widow and had no issue, and she was living with Samu Murmu (informant) and his elder brother Charan Murmu (P.W. 3) at their house in village Karmp. On the 26th April, 1967, Charan Murmu had gone to Ramgarh with his family, while Thakurain and Samu Murmu remained at home. Samu Murmu was unmarried. At about 2 or 3 p.m., Samu went to bring a spade and a Tamni (a sort of Gainta) from the house of a neighbour named Sufal Murmu. At that time, Thakurain Murmu was sitting on the pinda of the eastern room of the house. Samu saw from the house of Sufal that appellant Chota Lakhiram Murmu shot an arrow from his bow on the left side of the chest of Thakurain. Thakurain fled towards the village road. In the meantime the appellant tried to pull out the arrow from her chest. While the handle was pulled out, the iron -head remained stuck in the chest. The appellant fled away with the handle, and Thakurain fell down and expired within a very short time. After that, Samu went there and saw that blood was flowing out of the injury caused by the arrow and also from her mouth. After that, Bodi Hansdah (P.W. 7) and other persons arrived there. Samu ran to Ramgarh and informed his brother, Charan, of the occurrence. On return from Ramgarh, Samu went to Gopikandar police station accompanied by two or three persons and lodged the first information report of the occurrence. The first information report was recorded by Sub -Inspector Rama Prasad Singh (P.W. 11). On the basis of that first information report, the Sub -Inspector of Police instituted a case and started investigation. He examined the persons, who were present at the Police Station, and thereafter left for the place of occurrence and reached there at 10 a.m. on the 27th April, 1967.

(2.) Reaching the village, the Sub -Inspector examined Charan Murmu (P.W. 3), Bodi Hansdah (P.W. 7), Chita Murmu (P.W. 8), Digi Murandi (P.W. 2) Chumkui Tudi (P.W. 9) and others. He arrested the appellant who had been detained by the villagers. One Jetha Hembrom produced a bow and two arrows which he seized in presence of the witnesses. He then held an inquest over the dead body which was lying in the gali in presence of the same witnesses and prepared an inquest report. He found the iron portion of the arrow stuck in the left side of the chest.

(3.) Thereafter, the Sub -Inspector held an inspection of the place of occurrence and found that a large quantity of blood had flown out of the wound in the chest caused by the arrow. The house of the informant was at a distance of 55 steps from there. He seized the blood -stained earth by scraping the same in presence of the same witnesses. He then prepared a sketch map with necessary explanatory notes. Thereafter, he sent the dead body to Dumka Hospital for post -mortem examination. On the 28th April, 1967, he forwarded the appellant in the custody of a constable, but, he escaped from the constable's custody and was subsequently arrested in Assam by Inspector Braj Kishore Kumar (P.W. 10) on the 27th July, 1967. The Sub -Inspector got the statements of the step -sister and step -mother of the appellant recorded under Sec. 164 of the Code of Criminal Procedure. On the 10th May, 1967, he sent the seized blood -stained earth to the Forensic Science Laboratory, Patna, for Chemical Examination. When the appellant was re -arrested and brought from Assam, the Sub -Inspector submitted charge -sheet against him on the 28th July, 1967. The Sub -divisional Magistrate of Dumka took cognizance of the case, and, Shri R.N. Singh, Munsif -Magistrate, First Class, Dumka, held the usual preliminary inquiry under Chapter XVIII of the Code of Criminal Procedure and committed the appellant to the Court of Sessions to stand his trial under Sec. 302 of the Indian Penal Code.