JHIKTU BHOGATA Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal on behalf of one Jhiktu Bhogta who has been convicted under Section 302, Indian Penal Code, and sentenced to transportation for life for having murdered one Bido Bhogta, who was his uncle by relationship aged 38 years.

(2.) The occurrence is said to have taken place on 31 October 1940. The village where the occurrence took place is known as Gosain Kona, Police Station Baidih, District Banohi. The exact time of the occurrence has not been described by the witnesses, but it was near about sunset. The case for the prosecution is that on that day which happened to be a Diwali day the accused and his mother Jhalo Bhogtain (P.W. 12), his aunt Malti (P.W. 7) and his cousin (mother's sister's son) Bisa (P.W. 6) and his grandmother Mt. Sukwaro (P.W. 10) were drinking handia at the house of the accused when Bido Bhogta turned up and started taking him to task for not working properly. He also abused him and slapped him. The appellant ran out of the house but Bido chased him. They went to Bido's courtyard struggling. There some of the people who were in the house of the accused intervened and separated Bido from the accused; after which the accused ran back to his house which is at a distance of 22J yards from where the deceased Bido was, brought a balua and gave a balua blow on the head of Bido Bhogta with the result that Bido fell down. The accused threw away the balua and fled away. Several witnesses saw this occurrence. The first information was lodged by Bamnu Bhogta at 10 A.M. on 1 November 1940. The distance between the place of occurrence and the Police Station is 9 miles. On reaching the Police Station it was found that the Sub-Inspector was not present and the Assistant Sub Inspector was seriously ill. But they met a constable Masih Das Hunda (P.W. 5) who after directing Bamnu to go to the Sub-Inspector proceeded to the place of occurrence. This witness reached the place of occurrence the next day at about 7-30 A.M. He saw the dead body lying in the court-yard and several people watching the dead body and he also found the accused Jhiktu Bhogta there. He arrested him then and there. The Sub-Inspector reached the place at about 2-80 P.M. The Sub-Inspector held an inquest over the dead body and prepared the inquest report which is Ex. 4. He took charge of the accused, prepared sketch map of the locality, scrapped blood stained earth from the place of occurrence and examined some witnesses. The post-mortem on the dead body was held at 8 A.M. on 2 November, 1940. The doctor describes the following injuries upon the deceased. One incised wound 5" x ?" x brain deep on the left side of the head above the temple cutting the skull bone about 2" in length transversely. The temporal bone on the left side was separate, the base of the membrane was cut about 2" in length on the parieto temporal region left side. The brain was found red and congested, copious blood was found in the reanial cavity and the lungs, liver and kidneys were found congested. The injury according to the doctor was caused by a sharpe cutting weapon and he was of opinion that the injury could have been caused by a balua. He was also of opinion that the injury could have been caused by the balua which was shown to him meaning thereby material Ex. 1.

(3.) The defence of the accused can be gathered from his statement before the Committing Magistrate and before the Court of Session. His statement was that the village people killed Bido Bhogta and implicated him falsely, he himself being intoxicated and sleeping. He denied the ownership of the balua. Although he made a confession before the Magistrate he stated he made the confession on account of fear of the Sub-Inspector. He had enmity with the village people. He said that as he found Basant Bhogta's pony grazing his paddy, he drove it out of the field. In the Court of Session his statement was read out. He admitted that he made the statement before the Committing Magistrate, but with regard to the confession he said that he had not made the confession. He denies any knowledge as to how Bido Bhogta was murdered and alleged that the Sub-Inspector and the chaukidar had beaten him. When asked as to why his mother was deposing in the case, his explanation was that she had been forced to give her evidence in this case.