EMPEROR Vs. MANGRU KISAN

JUDGEMENT

(1.) This is a reference under Section 374, Criminal P.C., by the Judicial Commissioner of Chota Nagpur, who has passed the sentence of death upon Mangru Kisan, aged 25 years, and Bagul Khorwar, aged 27 years, under Section 302, I.P.C. for the murder of one Lakhu alias Labha Kisan, aged about 20 years according to the post mortem report. The accused have also appealed from jail and their appeal has been heard along with this reference.

(2.) The murder seems to have been committed on the night of 25 January 1937. It came to light in a peculiar manner. One Kashi Prasad (P. W. l), a constable, while he was passing the dak bungalow in Mahuandar noticed a dead body covered with a cloth and a dog near about it. He informed the Sub-Inspector who came to the spot. The Sub-Inspector found that the throat of the dead man had been out. He drew up a first information report (Ex. 8) on his own information, as well as an inquest report and a list of articles found. The dead body was naked except for a vest and the dhoti covered the dead body (Exs. 5 and 4 respectively). A neck thread with ornaments (Ex. 6) and a waist thread with a purse and tweezers (Ex. 7) and some rice dyed yellow (Ex. 10) were found lying near the dead body. Similar rice was found tied in a corner of the dhoti. It was on 26 January, which happened to be a chaukidari parade day, and the Sub- Inspector showed the dead body to the various chaukidars who had assembled. One Ghunja, chaukidar of Nawatcli, identified the dead body as that of Lakhu Kisan of his village. Later on the dead body was identified by Lakhu a wife (P. W. 3), Baghu Kisan (P. W. 6) and Damber Kisan (P. W. 20) of Nawatoli. After identification the dead body was sent for post mortem examination. The Assistant Surgeon who held the post mortem examination found three incised wounds on the right side of the cervical region (neck) at the level of the 3rd, 4 and 6th cervical vertebrae, All the injuries were almost horizontal but at slightly lower level in front. The wounds measured 6", 6" and 7" respectively in length. The depth of each was 4" to 5", and the width of each was 1" to 2". Death, according to the Assistant Surgeon, was due to the neck injuries which had been caused by a sharp-cutting instrument by some man or men, and each injury was sufficient to cause instantaneous death. In the opinion of the Assistant Surgeon the injuries could be caused by a balua.

(3.) The Sub-Inspector started investigation and on 27 January 1937 on receipt of some information he went to the house of Bagul, accused, in Gawalkhar village. He found Bagul there and searched his house. Inside the house he found a vest (Ex. 14) and a pair of shorts (Ex. 15) which bore suspicious stains. Then the Sub- Inspector went to village Berapahar where Mangru lives, and found Mangru's wife in the act of washing three male garments (Exs, 11, 12 and 13). These garments also bore suspicious stains. The Sub-Inspector then, went out in search of Mangru and found him in village Marhari where he arrested) Mangru. Mangru was wearing a dhoti (Ex. 17) which bore suspicious stains. Then in consequence of certain statements made by Mangru, the Sub-Inspector went to the house of Sudan Kisan in Gurgurtoli where Sudan's wife produced an axe (Ex. 9) from under the eaves at the back of the house belonging to another Sudan. The axe also had some stains which the Sub-Inspector took to be blood stains. Then on 28 January the Sub- Inspector on the strength of some statements made by Mangru went to Berapahar jungle where Mangru produced three garments (Exs. 1, 2 and 3). The Sub- Inspeotor noticed suspicious stains on Exs. 1 and 2.