MALESHWAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Maleshwar Bhagat, aged 25 years has been sentenced to imprisonment for life for committing the murder of Birsi Kumari, aged 15 years. The appellant was tried before the Sessions Judge of Gumla in Sessions Trial No. 225/90. Deceased, Birsi Kumari was involved in a love affair with the appellant. She was carrying a pregnancy of about six months. The appellant wanted to marry her. The deceased refused to marry him and this led to her murder. According to the prosecution case, Jagat mani Bhagat the informant of the case inhabitant of village Nawdiha Keratoli, P.S. Ghaghra in the district of Gumla. Jagatmani at the material time was posted at Hajipur in the capacity of constable. He had come on leave on 11.5.1990. His family consisted of his wife, his sister, father Jharia Bhagat, his mother and two brother. His married sister Basant Devi had also come from her Sasural to visit to her parents. The appellant is of the same village. He was a student.

(2.) Jagatmani at about 8 p.m. on 15.5.1990 had gone out to answer call of nature with an electric torch. He heard cry and ran on the direction from where the cry had emanated. He again heard a cry. He ran about 20 to 25 yards and flashed his torch. He saw his sister, Birsi struggling with the appellant. On seeing torch light, the appellant pushed her and fled. Birsi chased the appellant to some distance. Hagatmani reached near her and found wounds on hands and abdomen and blood was dropping from the wounds. She disclosed that Maleshwar had inflicted the wounds. The place of occurrence was about 2000 yards from the house of the informant. The informant shouted for help. His brother, father and villagers including Dhira Oran and Shani Oraon arrived. She again stated that Maleshwar had stabbed her. She was brought home. Many people arrived there. She was being taken to Ghagra but she expired on the way.

(3.) The deceased had gone out about 15 minutes earlier than Jagatmani. He too had gone to answer call of nature. At 22 hours Jagatmani with some of the villagers reached Ghagra P.S. with the dead body of Birsi and gave oral report of the incident (Ex. 1). The investigation was taken up by Ezra Bedra, Officer-in-charge of Ghaghra P.S. The investigator inspected the place of occurrence on the next day. According to the police officer the place of occurrence was about 300 yards from village Nawadih. It was a parties land of Shani Oraon where signs of scuffle and fresh blood-stains were found. He did not seize anything from the place of occurrence. It is worthy to note that there was no habitation within 300 yards of the P.O. The accused Maleshwar Bhagat was arrested from his house on 20.5. 1990. No torch was produced before the Investigating Officer by Jagatmani.