EMPEROR Vs. SOMRA BHUIAN

JUDGEMENT

(1.) This is a reference under Section 374, Criminal P.C., by the Sessions Judge of Gaya, who agreeing with all the assessors has convicted Somra Bhutan of the murder of Kudrat Mian. Two other persons, Sukna and Nagwa, were accused along with Somra, but these the learned Judge disagreeing with all the assessors has acquitted. The case for the prosecution was that the deceased Kudrat had about two years before the occurrence settled in mahalla Maranpur of Gaya, where he practised as a medicine-man (ojha), that the accused Somra Bhuian used to practise as an (ojha) and resented Kudrat setting up in the village as his rival.

(2.) On 16 March 1937 Kudrat had a visit from some clients who brought a child as a patient. Kudrat was performing some incantations when suddenly the three accused persons came into the court yard and attacked him with cutting instruments. The clients fled away. As they escaped from the court-yard, two of them received incised injuries from one or other of the assailants who were coming in. Kudrat received more than a dozen injuries, some on the head and face, others on the chest and abdomen, the small instestine was perforated, and a portion of the intestine protruded through the opening of two of the wounds. He raised an alarm, neighbours came and the accused fled. He was taken to the police station where he himself laid the first information on which the case was instituted. He was then removed to the hospital where he died the same night. As his condition became critical a Magistrate came and took his statement as a dying declaration. He named Somra, Sukna and Nagwa as his assailants, and these were the three persons who were put on trial.

(3.) The case for the prosecution rested on the statement of Kudrat admitted in evidence under Section 32, Evidence Act, and the evidence of the deceased's wife, Mt. Marunwa, who claimed to have identified the assailants. The accused were all arrested the same night, and Somra was found to be wearing a shirt which was stained with spots of blood. This blood on chemical examination has been proved to be human. The Sessions Judge was not satisfied with the identification of the accused by the woman Marunwa, as it appeared that when first examined by the police she had failed to identify or name any of the accused. He therefore considered the case as resting on the statements of Kudrat corroborated in the case of Somra by the recovery from his person of the blood-stained shirt. He has convicted Somra while acquitting the other two.