NARAIN BARAIK Vs. STATE

JUDGEMENT

(1.) Appellant Narain Baraik has been convicted by the Judicial Commissioner of Chotanagpur Ranchi under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The appellant was further convicted under Section 201/34 of the Indian Penal Code, but no separate sentence was passed against him under this section.

(2.) The prosecution case is that Bigan Baraik (the deceased) used to live as Ghariamai with his mother-in-law, Lukhu Baraikin (P. W. 10), and his wife, Upasi Baraikin (P. W. 11). in their house in village Bhurso. Police station Sisai, in the district of Ranchi. The appellant also used to live in the same village; but he had, it is alleged, an evil eye on P. W. 11 and used to tell her to remain with him, P. W. 11 did not agree to this proposal on the ground that her husband, Bigan was alive. The prosecution case further is that, some time before the occurrence, the appellant caught hold of P. W. 11 when the latter was alone. It is further alleged that, when on one night she was returning home after witnessing a dance on the occasion of a marriage in the family of one Jitbahan, the appellant caught hold of P. W. 11 dragged her to his house and outraged her modesty. The appellant is alleged to have threatened P. W. 11 not to disclose this fact to anybody. The prosecution case further is that, on the night of 8th September, 1966, deceased Bigan had taken his meals when appellant Narain. along with one Bandhna Singh, had come to the house of P. W. 10. Lukhu Baraikin and asked Bigan to go out with them for a walk. Thereafter, Bigan is alleged to have gone out of the house along with appellant Narain and the said Bandhna (since acquitted). Bigan did not return home on that night, which was a Thursday. On the following Friday, that is. on the 9th September, 1966, P. W. 2 Gajeya Oraon had gone to cut grass in the field of P. W. 7 Chamku Oraon, who is alleged to be his grand-uncle. At that place. P. W 2 saw a dead body. He did riot go near the dead body, nor could he identify it, as, it is said, it was covered. On the next day. that is, on the 10th September, 1966, constable Ramkumar Singh (P. W. 5) had gone to the darwaza of the Mukhiya of Bhurso in connection with his round duty. There, he learnt that a servant of the Mukhiya was telling the Mukhiya that a dead body was lying in the field of P. W. 7 and that Bigan was not found in the house of P. W. 10 for the last two days. Thereafter, the constable, the Mukhiya and the chaukidar of the village went to the house of P. W. 10, and, on enquiry, learnt that Bigan was traceless from the night of 8th September, 1966. All of them then went to the field of P. W.7; but found only some blood-stained earth and some night-soil in the field, but the dead body was not found there. The Mukhiya then asked the chaukidar to take P. W. 11 to the police-station at Sisai to lodge a first information report there. P. W. 11 went to the police-station, and, on her statement. P. W. 12 K. C. Lall, who was the Officer-in-charge of the police-station, drew up a first information report (Ext. 3),

(3.) The constable and the villagers started search for the dead body, and subsequently it was discovered at a distance of about 3 miles from the field of P. W. 7. It was identified to be the dead body of Bigan Baraik, P. W. 12 started investigation in this case. He found the field of P. W. 7 Chamku to contain Gora paddy, which was trampled and he found blood-stains there- He noticed that the dead body of Bigan was lying in a ditch of the Nala at a distance of 3 miles west of the field of P. W. 7. He held inquest over the dead body and sent it for post mortem examination to Gumla through the constable (P. W. 5). He sent the blood-stained earth collected from the field of P. W. 7 to the Chemical Examiner. It may be stated here that the report of the Chemical Examiner and that of the Serologist are on the record, and they show that human blood was found on the earth which was collected from the field of P. W. 7. Of course the blood group of the stains could not be ascertained, as the blood sent for examination was not sufficient for test.