EMPEROR Vs. BAHARUDDIN

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Santal Parganas for confirmation of the sentence of death passed under Section 302, Indian Penal Code, on Baharuddin alias Bahardi Shaikh, convicted of the murder of Noor Muhammad. The prisoner has also appealed from his conviction. The crime is said to have been committed on the evening of Monday, 23 May 1932, by the accused and two other persons Bara Raju and Chhota Raju. Of these Bara Raju was arrested not long after the crime and was tried and convicted. Chhota Raju has not yet been arrested. The prisoner was arrested on 27 April 1936.

(2.) The deceased was son of Samardi or Samruddin Momin of village Gaganpahari, Police Station Pakaur, and was living in his father's house. He was in the habit of going out in the evenings to music parties in company with Bara Raju, Chhota Raju and the prisoner with whom he was outwardly at least on good terms.

(3.) It is the prosecution case that on 23 May at about candle light time Chhota Raju called Noor Muhammad who went with him, a drinking party had been arranged consisting of the two Rajus, the prisoner and Noor Muhammad. Toddy was brought for them by the witnesses Jerat and Waris, and the party all drank together. Then a scuffle arose, Bara Raju, Chhota Raju and the prisoner attacking Noor Muhammad. The prisoner cut the throat of Noor Muhammad. Subsequently the body was thrown in the river Katasi, about a mile away to the north. It is certain from the evidence of Samaruddin and other witnesses that Noor Muhammad was not seen alive after 23 May. The family were apparently not particularly anxious on the Tuesday, but serious inquiries were made on Wednesday, 25 May, which did not lead to any clue. On Thursday, 26 May, Samaruddin accompanied by Chaukidar Parbati went to the police station and reported the absence of his son. He again went to the police station the following day, 27 May, and informed the Sub-Inspector of a clue that he had obtained from Mohar Shaikh. This Mohar was not available as a witness in the present proceedings, it being in evidence that he died about two years ago. The police took no action beyond making an entry in the station diary on Samaruddin's report of the 27th. Thereafter Samaruddin obtained a further due from Munshi Momin in consequence of which he went to the police station again on Sunday, 29 May, and laid a first information of murder against Turab, Chhota Raju, Bara Raju and Baharuddin.