EMPEROR Vs. JATE URAON

JUDGEMENT

(1.) This is a reference made by the learned Judicial Commissioner of Chota Nagpur under Section 374, Criminal P.C., for confirmation of a death sentence passed upon one Jate Uraon. There is also an appeal by Jate Uraon against his conviction for murder and the sentence of death passed upon him. It will be convenient to dispose of the reference and the appeal in this judgment. Jate Uraon is a man of about 44 years of age and was tried by the learned Judicial Commissioner of Chota Nagpur upon a charge of murdering his wife Teju on 5th July 1939. The learned Judicial Commissioner came to the conclusion that the evidence established that Jate Uraon had murdered his wife, and as the learned Judge could find no extenuating circumstances he sentenced Jate Uraon to death.

(2.) The case, as presented in the Sessions Court, for the prosecution is a somewhat surprising and unusual one. It is said that in the early morning of 5th July 1939 the appellant, Jate Uraon, for no apparent reason, attempted to assault two men named Bhinsaria Uraon and Manrakhan Chik. These men made good their escape, whereupon Jate is said to have attacked Bahura Uraon (P.W. 1). Again the prosecution can offer no explanation or reason for this attack. It is said that after chasing the two men who managed tb escape Jate Uraon went to the house of Bahura Uraon and attacked the latter with an axe injuring him on the thigh. Bahura's wife came to her husband's rescue, and there was a scuffle and Jate was disarmed. Shortly afterwards Bahura together with a witness Manga Uraon (P.W. 2), who is Said to have witnessed the assault, went to Sibu, Chaukidar and reported that Jate had caused the injury on Bahura.

(3.) A search was made for Jate who was found, and eventually Bahura, Sibu, ohaukidar, Karma Uraon, a brother of Jate, and Sania Uraon, (P.W. 21) proceeded to the thana which was four miles away. On the way it is said that Jate refused to accompany the ohaukidar and the others and went off; but it is surprising that no attempt whatsoever appears to have been made to detain Jate and to bring him to the thana. At 9 A. M. on 5 July, Bahura made a first information report. The contents of this report are important and I think it advisable to set out the report in extenso: My name is Bahura Uraon. My father's name is Mangli Uraon. I am resident of Dewaki, thana Ghaghra. Today on Wednesday, date not known, having come to you with Karma Uraon and Sibu chaukidar at 9 o clock I beg to report that Jate Uraon has gone mad since (last) night. He had pursued the two persons, Bhinsaria Uraon and Manrakhan to assault them, but they fled away. Mt. Tejni, Jate Uraon's wife, stopped him, and they fled away. Then he caught hold of a balwa and came to me and wanted to assault me also with the balwa. I caught hold of his balwa, and a scuffle took place, and I got slight injury in the right thigh at his hands. I was bringing him to the thana but he ran away while on his way after he had covered half the distance. This is my statement. Investigation may be made. The suggestion in this report is that immediately after the appellant had chased Bhinsaria Uraon and Manrakhan, he caught hold of an axe and attacked the informant Bahura. Bahura does not suggest that the attack took place in the latter's house, and there is no reference to Bahura's wife intervening or to Manga (P.W. 2) arriving at the scene.