STATE OF BIHAR Vs. CHUKIA URAON

JUDGEMENT

(1.) This is a reference under Section 374 of the Code of Criminal Procedure from the Sessions Judsie of Purnea for the confirmation of the sentence of death imposed upon two persons, namely, Chukia Uraon and Birwa Uraon, on their conviction for the offence of murder under Section 302/34 of the Indian Penal Code. Chukia Uraon and Birwa Uraon have also appealed from jail and their appeals are respectively numbered as criminal appeal No. 404 of 1968 and cri- minal appeal No. 403 of 1968. The reference and the two appeals have been heard together and they will be governed by this judgment. Mr. Thakur Gurusewak Singh has appeared in the case as an amicus curiae in support of the appeals.

(2.) It appears that Chukia Uraon is the younger brother of Dasu Uraon, the husband of Mosst. Dasia (P. W. 5) of village Korgama within the jurisdiction of police station Kahtiar. Birwa Uraon is the son of the sister of Dasu Uraon. Dasu died about nine years before the alleged oc-turrence which took place on the 23rd of December, 19C5. Dasu had left behind him his widow Dasia and a son named Shyam Lal Uraon (P. W. 1). pn Dasu's death, his land came in possession of Mosst. Dasia who had them cultivated through her brother Tetar Uraon (P. W. 2). One Dewani who was a distant cousin of Shyam Lal Uraon (P. W, 1) assisted Mosst. Dasia in her cultivation, Chukia is said to have been creating obstruction in the way of Mosst. Dasia in having her lands cultivated and harvested, after the death of her husband. Some litigation took place between Chukia and Dasia over the lands and a suit was pending between them at the time of the occurrence. The prosecution case is that at about 12 noon on the afore-mentioned date, namely, 23-12-1965, Budhu Uraon {P. W. 6), while he was taking rest in his house, heard a hulla and came out and proceeded towards the house of Chukia where he found Chukla with a blood-stained kudal in his hand and Birwa with a Pharsa fleeing away towards the west and found Tetar Uraon (P. W. 2), Shyam Lal Uraon (P. W. 1) and Hathi Uraon (P. W. 3) and others collected at the place of occurrence. On going there, he found his son Dewani fallen dead in a pool of blood on the ground. Budhu also noticed Tetar being injured who told him (Budhu) that his son Dewani had been killed by accused Chukia Uraon and Birwa Uraon who had fied at the arrival of the witnesses. Budhu was also informed that Chukia had forcibly harvested the Tori crop of Mosst. Dasia over which there was some altercation between Dewani and Chukia as a result of which both the accused had killed his son. This was the information given by Budhu at the police station at 4 P.M. on the said date, which was the basis of the first information report and it was recorded by Ram Narain Singh (P. W. 10) who was officer-in-charge.

(3.) The prosecution case further is that on the date of occurrence Chukia along with Birwa had forcibly harvested the Tori crop in the morning and sent them to the house of Chukia upon which there was some exchange of hot words between Dewani and Chukia, after which Dewani and other persons returned to the house of Chukia and at about 12 noon both the accused persons came armed with Kudal and Pharsa and caused hurt to the various persons as stated by Budhu in his first information report,