EMPEROR Vs. DUKARI CHANDRA KARMAKAR

JUDGEMENT

(1.) This is a case of one Dukari Chandra Karmakar whoso case has been referred to us by the learned Sessions Judge of Birbhum under the provisions of Section 307, Criminal P.C. The accused Dukari was tried before the Sessions Judge sitting with a jury on a charge of murdering his wife Sakti Kumari. Five of the jury found the accused not guilty. The remaining four of the jury found him guilty under Section 302, I.P.C. The learned Sessions Judge apparently agreeing with the minority has referred the case to this Court under Section 307, Criminal P.C.

(2.) I would draw the attention of the learned Sessions Judge to the provisions of Section 307, Criminal P.C., and point out to him that it is necessary for him to state clearly what offence, in his opinion, the accused is guilty of. It is not correct for him to state that he is "inclined to agree with them."

(3.) The facts of the case are briefly these : The accused Dukari was married to the deceased Sakti Kumari a girl at present some 15 or 16 years of age some 6 or 7 years ago. It would seem that there was an arrangement at the, time of the marriage that Dukari should reside in his father-in-law's house as a ghar jamai, and apparently he so remained for one and a half months. His father-in-law lives in the village of Panchpara. Apparently, however, this arrangement did not satisfy Dukari and he wanted to go away to his house which he did. The girl remained with her family while the accused went away to the village of Bamnigram some 6 or 7 miles away. It would seem that from time to time the girl did go to her husband's house. But the relation between Dukari and his father-in-law and the girl's aunt Rohit Kumari did not seem to have been very cordial. Rohit Kumari brought up Sakti the deceased and gave Sakti her own ornaments at the time of the marriage and she refused to allow Dukari to take away his wife without giving ornaments to her; the girl on her part would seem to be unwilling to go to her husband's house without ornaments. There was at one time a criminal case between the parties and a petition was lodged by Dukari under Section 552, Criminal P.C., to the District Magistrate of Birbhum. This matter appears to have been settled. The girl went to live with her husband for some time and then again returned home. On 26 Jaistha 1335 corresponding to 9 June 1928 the accused Dukari came to his father-in-law's house. He stayed in the house that day and he also remained on 27 Jaistha the 10 June. He went out in the evening and returned at about one prahar at night, took his meal with his. father-in-law and then retired to rest to an upper room where his wife Shakti Kumari, the deceased, shortly joined him and the door was bolted. The next morning the aunt Rohit Kumari seeing that the girl Shakti did not come down went upstair, to call her. On pushing the door she found it open and on going inside she found the girl lying dead with a number of wounds on her body in a pool of blood. The accused Dukari was not there. Information was at once given to the thana and the usual enquiry was set on foot. The accused Dukari was not to be found at his home. Nor was he found on search by the police. A proclamation was issued and his property was attached on 15 August and on 30 August he surrendered himself in Court. After usual enquiry by the Magistrate he was committed to Sessions on a charge of murder and was tried with the result that I have already noted.