DUKHARAN MIAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been heard together because they arise out of the same order of conviction and sentence passed by the Sessions Judge of Darbhanga, and this judgment will govern them both. Criminal Appeal No. 398 of 1968 has been filed by Dukharan Mian in this Court, and he is represented by Mr. S.C. Chakravarty, Advocate. Criminal Appeal No. 495 of 1968 has been preferred by Bateri Mahto and Habib Nadaf, along with the said Dukharan Mian, through Jail, and in this, case Mr. Jamuna Prasad, Advocate, has appeared as an amicus curiae on behalf of appellants. Bateri Mahto and Habib Nadaf, appellant Dukharan being represented by Mr. Chakravarty in the presented appeal.

(2.) All the aforesaid three appellants have been found guilty of an offence under Sec. 302/ 34 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. They were also tried for an offence under Sec. 201 of the Indian Penal Code, but they were acquitted of that charge.

(3.) In Village Madhwapatti or Arer, Police Station Benipatti, in the district of Darbhanga, there lived Gokhul Kamat and his nephew, Rajeshwar Kamat (P.W. 1). Jagtarni, daughter of Gokhul, was married in village Dumri, Police Station Madhubani, which is about five miles away from village Arer. She had no child and she was aged about 18 years at the time of occurrence. She had come to her father's place some 17 or 18 days before the date of occurrence (2nd March, 1967). At about 4 P.M. on that day, she went out to scrape grass with a Khurpi and a basket. At about dusk, Jhari Lal (P.W. 2) was returning from Bishnupur and he saw a quarrel going on between Jagtarni and these three appellants in a field belonging to Rajchandra Missir. This field lay to the north of the village. Jhari Lal did not take this matter to be serious, and he asked them not to quarrel. Jagtarni did not return home that evening. Rajeshwar (P.W. 1) then went out in search of her in the fields, but with no result. Next morning, Rajeshwar met Jhari Lal who told him that, in the previous evening, he had seen an altercation between Jagtarni and these three appellants. Then, Rajeshwar proceeded towards that field, being accompanied by Jhari Lal (P.W. 2), Mahabir Kamat (P.W. 4), Deonarain Kamat (P.W. 5), Radhe Kamat (P.W. 11) and Ramphal Kamat (P.W. 12). To the adjacent south of the field of one Dhrup Missir, the wooden handle of the Khurpi was noticed. There the wheat plants were also found trampled. On further search, the party found enough blood in the adjacent field belonging to one Bhaiyajee, and they also noticed the iron part of the Khurpi with blood -stains thereon. Further south, in a Nala they discovered the dead body of Jagtarni covered with leaves. Rajeshwar went to the house of appellant Bateri, who lived in another Tola, while Radhe and Ramphal went to arrest the remaining two accused living in another Tola. All the appellants were brought to the school of the village, and it is said that they confessed their guilt before the Mukhiya. Injuries were found on the person of appellant Habib, and blood -stains were noticed on the other two appellants also. Rajeshwar then went to the police -station, with the Chaukidar, Fakirchand Paswan (P.W. 6), and lodged a first information report at 12 -30 P.M. on 3rd March, 1967. P.W. 14 Kamta Prasad, Assistant Sub -inspector of Police, after recording the first information report, went to the place of occurrence at about 1 -15 P.M. and reached there at 1 -30 P.M. He held inquest over the dead body and sent the same to Madhubani for post mortem examination, which was held by P.W. 8 Dr. Sadhusaran Lal on 4th March, 1967 at 2 -30 P.M. He found the following injuries on the dead body: