EMPEROR Vs. KUTUB BUX

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Rajshahi and Malda under Section 307, Criminal P.C., arising out of a case, in which the accused Bandhu and Kutub were charged with having committed an offence punishable under Section 302, I.P.C., The jury brought in a unanimous verdict of not guilty against both the accused. The learned Judge disagreed with the verdict of the jury and, being of opinion that, in the ends of justice, it was necessary that the entire case should be laid before this Court, has made this present reference.

(2.) The case for the prosecution, shortly stated, is as follows : On 1 January 1928, which was a Sunday, the deceased Paltu left his home, after taking his meals in the evening, to look after his kalai in a field, which was at a little distance off to the west of his house. There was a hut in the kalai field. It appears that three persons, named Chhota Uniad, Makbul and Kutub, went later in the evening to the house of Paltu and made enquiries about him. Salikhan Bewa, the mother, told them that he had gone to the field. They called Bandhu, brother of the deceased Paltu, and persuaded him to accompany them. The next morning, Bandhu returned home alone. The mother, Salikhan Bewa, asked him what had happened to Patlu. Bandhu replied that Paltu had gone to Panchananpur. Palfcu did not however return on the next day, namely Tuesday, and Salikhan Bewa, feeling worried went to two co-villagers, Paigambar and Hamid. She told them that Paltu had been absent since Sunday night. Paigambar thereupon questioned Bandhu and the latter promised to go and enquire at Panchananpur. As a matter of fact, Bandhu did not go to Panchananpur. In the evening, at about 10 p.m. Hamid, on his return home from Paigambar's house, heard voices in the adjacent house. He heard Bandhu and Chhota Uniad talking. Chhota Uniad was saying that the dead body must be removed or else there will be great trouble." Hamid overheard this and went over at once to Paigambar's house and told him what he had heard. Barha Unaid was then present at Paigambar's house and the three went together to Chota Unaid's house. They saw Bandhu come out and Paigambar caught him and brought him to his house. Bandhu asked Paigambar to save him. Paigambar promised to do so; Bandhu said that he, Makbul, Chhota Unaid and Kutub had killed Paltu and had kept his body concealed in the Kalindri river.

(3.) A number of villagers were then called and, in the presence of them all, Bandhu repeated what he had already said to Paigambar. Kutub, who is a servant of Paigambar, was present at the time at the house of Paigambar and was immediately arrested by the villagers. The chaukidir was informed and both the accused were kept under the custody of the chaukidar during the night. Next morning, Bandhu showed the villagers the spot where the dead body had been concealed. The barley field, where Paltu had been killed, was pointed out by Bandhu. The villagers went to the barley field mentioned by Bandhu and found that the barley plants were damaged, that there were marks of struggle and also marks of blood on the ground. Information was then lodged at the thana; investigation followed and, after the necessary enquiries, Bandhu and Kutub were committed to take their trial in the Sessions Court on a charge of murder. Makbul and Chhota Unaid could not be traced and it is said that they are still absconding.