DAUD MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants were tried along with Yakub Munda for the murder of Rebka Mundian. Yakub was acquitted. The appellants were convicted under Section 302 of the Indian Penal Code and each of them was sentenced to imprisonment for life. They were also convicted under Section 201 of the Indian Penal Code and each of them was sentenced to seven years rigorous imprisonment.

(2.) THE written report submitted by P.W. 5 (the Mukhia) on 4.9.1977 was treated as the first information although P.W. 4 by letter dated 10 -8 -1977 had informed the officer -in -charge, Jaldega Police Station about the murder of his wife Rebeka. The court below accepted the case of the prosecution that the appellants had confessed that they had murdered Rebeka and threw the dead body into a Nala. It found the appellants guilty.

(3.) LETTER dated 10 -8 -1977 written by P.W. 4. to the police was marked material exhibit I. We fail to understand why the letter was marked as material exhibit. Further, from this letter we find that it disclosed the fact of a cognizable offence and this ought to have been treated as first information. We further find that the Investigating Officer who was not examined in this case adopted a procedure unknown to law for he showed the letter of P.W. 4. to P.W. 5 and asked P.W. 5 to enquire the matter. The enquiry report 3 P.W 5 was treated as the first information. The report of P.W. 5 could not have been treated as the first information and the Investigation Officer could not have asked P.W. 5 to enquire into the allegation made by P.W. 4 fn his letter dated 10 -8 -1977, we, therefore, do not put any reliance on the report of P.W. 5 which was marked as exhibit 1.