LINGARAJ DAS Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Lingaraj <JGN>Das</JGN> , aged about twenty eight, was tried by the learned Sessions Judge of Cuttack on a charge under Section 302 read with Section 34, Indian Penal Code, for murdering a woman called Ulia Bewa, who was a prostitute by profession. He has been found guilty of the charge and sentenced to transportation for life. There was an alternative charge under Section 201, Penal Code, of which the appellant has been acquitted by the learned Sessions Judge.

(2.) The deceased woman, Ulia Bewa, was originally a resident of a village in the Dhankanal State. She was a prostitute, and used to go to Calcutta for earning money. Some days before 26 August 1940, the woman was seen in company of one Bhaskar Dhir who is now absconding. She was seen in company of Bhaskar Dhir in village Garh Madhupur and some neighbouring villages, such as, Bhoban- pur, Kakudakhali, etc. On 26 August 1940, which was the Janmastami day, the woman was seen in company of the present appellant and Bhaskar Dhir at different times in village Garh Madhupur. She was seen in company of the appellant and Bhaskar Dhir at 4 p. M. then again at 8 or 9 P. M. and then at about 11 P. M. This was the last time when the woman was seen alive. On 27 August 1940, at about 5:30 A. M. the dead body of the woman was found on the railway line between telegraph posts 17 and 18 on the 222nd mile between stations Garh Madhupur and Hari-daspur. One Mr. Butcher (P.W. 11) was in charge of the up goods train. The engine driver of the said train noticed the dead body and stopped the train. Mr. Butcher alighted from the train, and went up to the dead body. It was found that the body had been severed in two near about the waist. Mr. Butcher sent information to the station master of Hari-daspur. The station master instructed his assistant to send a telegram to the Government Railway Police at Cuttack. The telegram was received by the Government Railway Police at Cuttack at about 10 A. M. on 27 August 1940. A case of unnatural death was started by the junior Sub-Inspector, Sri Udaynath Santra (P.W. 21) on the basis of the telegram. The junior Sub-Inspector sent, the assistant Sub-Inspector, Minaketan Dora (P.W. 20) to the spot for investigation. Minaketan came to the spot on 27th August 1940, and held an inquest over the dead body. The dead body was then sent to Cuttaek for post mortem examination. Before such examination was held, a photograph of the upper part of the dead body was made. The identity of the deceased woman has been established by means of that photograph.

(3.) The post mortem examination was held at about 2-30 P. M. on 28 August 1940. Sri Udaynath Santra (P.W. 21) investigated into the case from 3lst August 1940 to 2nd Sep-tember 1940. On that date he made over charge of the case to his Senior Sub-Inspector, namely, Sri Kripasindhu Mahapatra (P.W. 13). On 3rd September 1940 Sri Kriptisindhu Mahapatra arrested the appellant. The appellant made a statement to Sri Kripasindhu Mahapatra. This statement has not been admitted in evidence inasmuch as it is hit by Section 25, Evidence Act. Portions of the statement, leading to recovery of certain articles, have been admitted in evidence. It appears that at about 2-30 P.M. on that date the appellant took Sri Kripasindhu Mahapatra to a tank known as Bhabadei tank. There the appellant pointed out a place on the western side of the tank, saying that Bhaskar Dhir had thrown the clothes of Ulia Bewa at that place. The Sub-Inspector asked a fisherman, Gopal Sahu (P.W. 17) to dive under the water. Gopal Sahu brought out a black bordered ihoti, about 9 cubits long. At about 3 P. M. on the same day, the appellant took the Sub Inspector to the house of one Adikanda Sahu (P.W. 2) a goldsmith of village Gopinathpur. The appellant stated that two gold ear-rings given to him by Bhaskar Dhir had been sold to Adikanda Sahu. The Sub-Inspector questioned Adikanda, and the latter brought out two gold ear-rings. At about 5-30 P. M. on the same day, the appellant took the Sub-Inspector to a place on the road near "Rajapola". This was the place which the appellant pointed out as the place where an attempt was made to throttle the woman. The Sub-Inspector examined the place, and found some broken pieces of bangles made out of conch shell. The position of the place where these broken pieces of bangles were found would appear from the sketch map (Ex. 11). The sketch map shows the position of the place with reference to "Rajapola" and the place on the railway line where the dead body was found. As the alleged place of assault was within the juris-diction of Dharmasala Police Station, the G. R. P. Sub-Inspector sent the appellant in custody along, with the recovered articles to the Sub-Inspector of Dharmasala Police Sta-tion. This latter Sub-Inspector completed the investigation and submitted charge sheet.