MT PUNIA GOALIN Vs. EMPEROR

JUDGEMENT

(1.) The appellant Punia Goalin has been convicted by the learned Additional Sessions Judge, Monghyr under Section 302, Indian Penal Code, of the murder of Gajo Gope, and sentenced to transportation for life. The appellant is a widow residing in village Barajor, 3 miles from Police station Jhajha, in the Jamui Sub-division of Monghyr district. She has had three children, of whom one Sukar Gope, aged 14- 15 years, survives. The deceased Gajo Gope was her husband's younger brother, and the appellant and the deceased lived in the same angan in which they each had two rooms. The case of the prosecution is that the appellant has been a widow for 2 to 2 years and that there was an intrigue and illicit connection between her and the deceased with the result that the deceased's wife deserted him and acquired a new husband. The deceased had been endeavouring to force the appellant to marry him in Sagai form, but she had declined to do so and some 10 or 12 days before the incident a panchaiyati had been held at the instance of the appellant. The result of the panchaiyati was drawn up in writing, which is Ex. 3. That writing contains a statement thumb-marked by the deceased inter alia to the following effect: I cannot have any kind of connection with my elder brother's wife. If do I, I shall be unfaithful to my community and shall pay a fine of Rs. 51

(2.) On the evening of the 16-11-1944, Musammat Mohini (P.W. 3) a neighbour had asked the deceased to irrigate her land in the early morning and as he did not come to the land as promised, she went to the house some time between 9 and 10 A.M. on 17-11-1944, to fetch him. She found the door locked and some blood on the osara. She asked the appellant about it and the appellant said that she and her son, Sukar Gope had murdered the deceased and locked the body in the room. Mohini informed Mangan Mian (P.W. 4) and others and went to bring the chaukidar. Meantime, Mangan Mian (P.W. 4), Abdul Rahman (P.W.5), Talo Gope (P.W.12), Gafoor Mian (P.W. 14), Muhammad Rasul (P.W. 15) and Karamat (P.W. 16) went to the house and questioned the appellant, and she repeated to them that to save her honour she had murdered the deceased. The chaukidar Phagu (P.W. 1) arrived and she again stated to all those present that she and her son had murdered the deceased and then at his request the appellant unlocked the room in which he and the others found the deceased's dead body severely injured. The chaukidar entrusted the body to Bansi (P.W. 13) another chaukidar, and Phagu went straight to the Police station where he lodged the First Information Report at 2-30 P.M. The Sub-Inspector Sukhdeo Narain Singh (P.W. 17) went to the spot. He found blood like stains over an area of 3 square spans on the deceased's osara, and the deceased's body in his west room. He held an inquest and despatched the dead body for post mortem examination. In addition to the blood stains, he found on the osara a blood stained bed and two small torn pieces of cloth. He also found that an attempt had apparently been made to remove a part of the blood stains on the ground of the osara with water. He inspected the appellant's clothes and her person and found that her sari was blood stained in two places but that there was no signs of injuries on her body. He also examined the person and clothes of the appellant's son Sukar, but found no sign of blood stains or injury. The Sub-Inspector then searched the appellant's house and recovered from her eastern room an iron tangi and an iron khanti. The appellant's sari, the khanti and a sample of the earth on the osara were later certified as being stained with human blood. The Sub-Inspector then arrested the appellant and her son Sukar and took them in charge.

(3.) A post mortem examination of the deceased's body was held by Dr. Bharat Prasad at 2-30 P.M. on 18-11-1944. He found that the stomach and the bladder were normal and empty. He also found, firstly, a lacerated wound 1x1" on the deceased's left leg below the knee with a compound fracture of the first tibia and tibular bone and the tibia bone smashed into pieces with blood clots round it; secondly, 5 incised wounds all of them skin deep only on the deceased's legs and feet; and thirdly 12 abrasions on different parts of his body including his head, face, neck, chest and stomach. In the post mortem report, death was stated to be due to shock and haemorrhage as a result of the combined effect of the injuries particularly the first injury above mentioned on the left leg which was grievous.