EMPEROR Vs. REMIS CHRISTIAN

JUDGEMENT

(1.) This is a reference under Section 374, Criminal P.C., made by the learned Judicial Commissioner of Chota Nagpur for confirmation of the sentence of death passed upon Remis Christian whom he has convicted under Section 802, Penal Code, for the murder of his wife Leoni. There is also an appeal by the condemned man which has been heard together with the reference.

(2.) On 18 April 1945, the dead body of a young woman was found by some villagers lying on a village path running between the jungles of Katkahi and Karaku villages within the Chainpur police station of the Gumla sub-division of Ranchi. The head of the woman had been almost severed from the body by some sharp weapon, and was connected only by a piece of skin. There was much blood upon the ground at the spot. It is the prosecution case that the body was that of the appellant's wife. The appellant is a resident of village Hesag, which is situated about four miles to the northwest of the spot where the body was found. The woman came from village Tilwari, which is situated about six miles to the east of that spot, and the path was the path which would be taken by a person going from one village to the other. According to the prosecution, Leoni had given birth to an infant a few months before the occurrence. The infant died and the woman became unwell, and she, therefore, went to the house of her parents at Tilwari. On 12 April the appellant went to fetch her, and he started back in the afternoon of that day to take her to his home. Evidence has been led to show that they went off together and were seen together not more than a mile from the place of occurrence. When within the jungle the appellant for some reason, which the prosecution has not attempted to establish, killed his wife with a balua (EX. 2), which he was carrying with him. Afterwards he hid the axe in a ditch under some leaves, and went on home, where he said nothing to any one. On the evening of 13 the dead body was discovered by the villagers. The Chaukidar (P.W. 1) was informed, and after inspecting the body for himself he went to the police station, and lodged information at 3 p.m. on 14th. The Sub-Inspector (p.w. 16) reached the spot at 5 p.m. the same day. He made inquiries, and as a result of certain information received he suspected that the appellant might be concerned in the murder. He, therefore, visited Hesag, and searched his house. That was on 15th. He took possession of a balua and a gamchha (wrapper) which he found there. This wrapper was subsequently sent for chemical examination, but no blood was found thereon. The balua was not gent as the Sub-Inspector saw no traces of blood. After this, the Sub-Inspector arrested Remis, and Remis, according to the prosecution, then stated to him that he would produce the balua with which the woman had been killed. He then went with the Sub-Inspector to the jungle, and in the presence of several witnesses taken by the Sub. Inspector he showed a spot 120 yards from where the dead body had been found, and he took out from under dead leaves in a ditch another balua (Ex. 2). This was subsequently sent for chemical examination, and human blood, besides some human hair, was found thereon.

(3.) On the night of 14 the Sub-Inspector had sent the dead body to Gumla for post mortem examination. On 15 he met the parents of Leoni, who told him that they suspected that the woman might be their daughter. He, therefore, sent them off to Gumla, where they arrived on 16 morning before the post mortem bad begun, and they identified the woman as their daughter both by her appearance and her clothing. They have given evidence to that effect at the trial.