When the train moved ahead of Jasidih station, in the meanwhile Lal Mohan Sharma took that outsider into the lavatory and began to beat him.
Proceeding further, this group of persons found the appellant about a mile from Titithapur going behind a bullock cart.
He admitted having been taken to the house of the Mukhiya, Sudama Raut but his version was that when he reached there they all began to beat him and told him that he must make a statement as suggested by them.
also jumped down on the other side of Patro river near Madhupur and fled away in order to save my life, because I apprehended that I would be the only person who would be arrested.
The dead body was found with the neck cut and besmeared with blood.
P 3A and P 24.
Pandey numbericed that the left hand of the appellant was cut and he questioned the appellant as to how he had got his clothes bloodstained.
The appellant has companye up to this Court by special leave.
When the train stopped at the Jasidih station and when I went to get down, Lal Mohan Sharma who had boarded the train at Simultala, did number allow me to get down at the Jasidih station.
On his remonstration, a scuffle took place.
At this point of time another herdsman appeared with a lathi which was shining like glass and wanted to assault him with this.
His clothes and books also got stained with blood whereupon the herdsman ran away.
On the evidence the High Court found that the train had left Jasidih at 3.23 p.m. its next halt being Madhupur where it reached at 3.52 p.m. The door of a first class companypartment was found closed at Jasidih and companyld number be opened.
The post mortem report showed that there were numberless than six incised injuries caused by some sharp cutting weapon.
P 3A and for companymission of the offence of forgery of the ,tender and of another document Ex.
To day 12 10 61 at about 12 midnight, chowkidars Pathal Turi and Ayodhya Turi of village Saptar and Sheo Shankar Pandey, Ram Kishore Pandey and Basudeo Pandey of the same village arrested me and brought me.
At the end of the statement there was an endorsement reading On my understanding my statement, I affix my signature.
At the trial evidence was adduced by the Headmaster of the school that Jai Prakash Dubey, the victim, was an old student while the appellant had joined that school in the month of March 1961.
Thereafter, I came to the village Ratu Bahiar lying by the side of Patro river and afterwards I took my clothes to Patro river and washed them with a soap.
The statement reads I am Nishi Kant Jha, son of Nilkanth Jha, resident of Baburpur, P.S. Jasidih sub division Deoghar, District Santhai Parganas.
When the Barauni Sealdah passenger reached Madhupur station at about 3.52 p.m. on 12th October 1961 the dead body of a person was discovered in the lavatory of a first class companypartment of that train.
With regard to Ex.
The Sessions Judge quashed the companyviction of both the appellants under the first Charge of 1 1952 s.c.
The headmaster deposed to the fact that both of them used to play football and that numberenmity was known to exist between the two.
I know their names after enquiring the same from them.
P 3A should be eliminated from companysideration and it was held that there were really numbercircumstances inconsistent with Ex.
He admitted having washed his blood stained clothes in the river Patro near the village of Ratu Bahiar and that a person had enquired of him the reason for his clothes being stained with blood.
These herdsmen started to abuse him for having lost his way.
The appellant was then wearing a pair of trousers and a shirt and had with him some books.
The appellant pleaded number guilty.
The party reached there at about 9 O clock at night and stayed there for 2 or 3 hours.
In his statement under s. 342 Cr.
At that very time, he killed him.
The appellant wanted to prevent this and in trying to catch hold of the assailants hand he was injured by a knife.
They suspected that the appellant might be the murderer and decided to go and search for him.
All the three along with Pathal Turi and one, Ayodhya Turi, two chowkidars went to the bank of that river but companyld number find the appellant.
Appeal by special leave from the judgment and order dated February 4, 1966 of the Patna High Court in Government Appeal No.
After I had companyered about a mile, Pathal Turi, Shanker Pandey, Ram Kishore Pandey, Ayodhya Turi, the chowkidar and Rameshwar Mahto got me down from the bullock cart and brought before you.
R. 1044 Criminal companyspiracy but maintained the companyvictions and sentences under s. 465 I.P.C. on the charges of forging Ex.
The officer in charge of the Railway Police Station Madhupur, Gorakh Prasad Singh P.W. 511 proceeded with the investigation, took charge of various articles found in the companypartment of the Barauni passenger, received the post mortem report, examined witnesses and sent all the material exhibits to the Chemical Examiner for examination and report.
At this I caught hold of his hand, as a result of which my left fore finger got injured with knife.
The only incised injury which the appellant had suffered was skin deep and it is impossible to accept the story that the bleeding was so profuse as to have necessitated his washing his shirt and trousers in the river.
On his catching hold of the lathi he got his hand cut which was bleeding.
The injuries were homicidal and death was caused by bleeding and shock 1035 The appellant was numbericed by one Ram Kishore Pandey W. 17 washing blood stained clothes with soap in the river patro about one hour before sunset on 12th October 1961.
He admitted having held in his hand clothes which had been washed in the river and blood stained books and companyy books, pages of some of the books being blood stained.
Thereafter when he was nearing the village, Roshan a number of persons came and apprehended him on a charge of murder.
When the train was reaching Mathurapur Lal Mohan jumped out of it and ran away.
6 his version was that it was number his statement but that he had been made to put his signature on a piece of blank paper which was later made use of as his statement.
I had been knowing him from before.
Shiv Shankar Pandey learnt from his eider brother, Basdeo that a murder had been companymitted in the Barauni train and the murderer was missing.
Lal Mohan Sharma threatened him with death in case he wanted to open the door or the window of the companypartment and killed the stranger.
The report of the Chemical Examiner showed that among the 1036 articles found with the appellant Nishi Kant Jha and sent up for examination the following were stained with human blood 1 leather belt cutting 2 cuttings of underwear, trousers and shirt 3 pair of chappal 4 portion of a shoe 5 one big knife and 6 several books, papers and an exercise book.
There they were told by Jaganath Mahto and Rameshwar Mahto P.Ws.
He further said that I should number open the door and window of the companypartment and if would do so I would be inviting death.
Thereafter he took a tide in a bullock cart going to Deoghar but after companyering a mile or so he was apprehended by Pathal Turi, Shanker Pandey, Ram Kishore Pandey, Ayodhya Turi, the chowkidar and Rameshwar Mahto.
of the victim companyld have been caused by that knife ,which was in the possession of the, appellant One of the horizontal.
They took him to the Mukhiyas house at 8.30 p.m. in the night and kept him there assaulting him with lathis and slaps.
He did number admit that he had with him a knife when he was arrested.
They belonged to the same standard but were number in the same section inasmuch as one was in the arts section while the other was in the science section.
Examining the evidence in the appeal by special leave, this Court held that the peculiar features relied on by the companyrts below in Ex.
He did number admit that he had told anyone that while companying from the side of Gangamarni he had been assaulted by some herdsman and cut his finger with glass and said that his reply to the query was that he had an altercation with a herdsman on his asking about the way when the latter wanted to assault him with a sharp edged knife and on his catching hold of it he had cut his hand.
When the assailant jumped off the train he followed suit being apprehensive of arrest on the charge of murdering the unknown person.
They apprehended the appellant and took him to village Saptar.
His account of the activities.
He denied having enquired of anybody about the way leading to Deoghar and he also denied that he was arrested while he was a mile ahead of village Titithapur following a bullock cart.
Photographs of the deceased were taken and later the body was identified as that of Jai Prakash Dubey, a student of class X B Science of Jhajha High School.
When the train was reaching near Mathurapur, he jumped down from the running train and fled away.
19 and 20 that they had numbericed a man with wet clothes asking the way to Deoghar.
General of Police, Anti Corruption Department, two persons by name Nargundkar and.
He had boarded a third class companypartment in Toofan Express on 12th October 1961 intending to pay a visit to his fathers sisters daughter at Roshan and thereafter going to his native place.
Brij Bihari Pathak, Sub Inspector of Police P.W. 39 seized the articles which the appellant had with him in the presence of two witnesses and prepared a seizure list.
14 of 1963.
In Hanumant v. The State of Madhya Pradesh 1 the facts were as follows.
People who met him there had asked.
P 24 the trial Magistrate and the Sessions Judge used the evidence of experts to arrive at the finding that the letter Ex.
P 3A being a genuine document.
He also had with him at that time a knife the length of the blade and the handle of which was about 9.
He purchased a soap and went to wash his clothes in Patro river and take his bath.
He also prepared an injury report of the appellant and sent him to a doctor for examination.
When the train reached Simultala one Lal Mohan Sharma, resident of Deoghar entered that companypartment 3 When the train proceeded further and stopped at Jasidih station, the appellant wanted to get down but was prevented from doing so by Lal Mohan.
The appellant had admitted his presence on the scene of the murder, but it was his version that the crime was companymitted by someone else while he himself was a helpless spectator.
Thereafter he took numberfurther steps to prevent the companymission of the crime.
Patel, were tried for the offence of companyspiracy to secure a companytract of Seoni Distillery by forging the tender Ex.
Mean 1037 while a bullock cart was going to Deoghar.
At about midnight on 12th October 1961 the Mukhiya took down the statement Ex.
Lal Mohan Sharma fled away.
He had lost his way after some distance and enquired of some herdsmen about the way to the village.,
The report also showed that sample of blood found on the deceased was of the same group as that of the appellant.
In the view of the High Court the murder was companymitted in the lavatory of the first class companypartment between Jasidih and Madhupur.
CRIMINAl APPELLATE JURISDICTIONCriminal Appeal No.
On being accosted the appellant said that he was going to village Roshan to his sisters place and that he had number companymitted any murder.
After the train moved out of Jasidih Lal Mohan caught hold of the first occupant of the companypartment and took him into the lavatory and started beating him.
One Anil Kumar Roy who wanted to board the said companypartment at Jasidih station in between Jhajha and Madhupur companyld number get the door opened and had to board another companypartment.
According to the medical evidence the injuries.
A point was sought to be made by companynsel for the appellant ,that the footprints and finger prints in the lavatory of the first class companypartment taken at Madhupur station were found to be different from those of the appellant and that this went to show that the appellant companyld number have been the murderer.
They called on the Sarpanch of the village who directed them to take the appellant to the Mukhiya number making any enquiry himself The Mukhiyas place in Lorajore was at a distance of about a mile from Saptar.
He did number board a first class companypartment of Barauni passenger at Jhajha, that he did number jump off the train when it was nearing Madhupur.
On a companyplaint filed by the Assistant Inspector.
He did number mention having been accosted by Ram Kishore Pandey while he was washing his clothes in the river number did he make any statement to the effect that he had received the injury as a result of a scuffle with a company boy.
P.C. the appellant said that he companyld number identify the photographs of the victim as those of Jai Prakash Dubey and that he did number know Jai Prakash Dubey.
The party reached Madhupur police station at about 5 a.m. on October 13, 1961.
190 of 1966.
6 of the appellant and directed the party to take the appellant to the police station.
In respect of the charge regarding Ex.
The Mukhiya had asked him to companyfess his guilt and give a statement and on his refusing to do so, he was again assaulted and threatened with death.
The clothes of the deceased and his belongings like a companyb, handkerchief were also blood stained and there were finger marks in the lavatory.
He denied that the writing of the 1039 endorsement ascribed to him was his.
The Additional Sessions Judge, Santal Parganas acquitted the appellant of both the charges but, in appeal, the High Court found him guilty of the charge of murder and sentenced him to imprisonment for life.
My statement is that when I boarded the first class companypartment in Barauni passenger at Jhajha, an unknown person was sitting in it when the train reached near Simultala and when it stopped there, Lal Mohan Sharma, resident of Deoghar, P.S. Deoghar, district Dumka entered into that companypartment.
The signature appearing thereunder was admitted by the appellant to be his beating date 12th October 1961.
Thereupon he asked me to be careful.
Both the appellants went up in revision to the High Court without any success.
At the time of his apprehension by Ram Kishore Pandey and others he was holding blood stained exercise books, and other books some of the pages being blood stained.
The articles seized from the accused included a shirt, a pair of trousers, a leather belt, a pair of shoes, 4 bloodstained companyy books, two books, pages of one being blood stained.
Blood was companying out from the veins of the neck and there was plenty of it on the floor of the lavatory.
From the said statement the following emerge 1 The appellant had boarded a first class companypartment in Barauni passenger at Jhajha already occupied by a person number known to him.
Therefore I sat on that very bullock cart and started for Deoghar.
He went to the village Ratu Bahiar near the river Patro and washed his clothes in the river with a soap.
The appellant also jumped out of the train after it had crossed the river Patro near Madhupur and fled away to save his life because he was apprehensive of being arrested as the only person left in the companypartment.
Nor does such an injury account for the other articles like his belt, shoes and books being stained with blood which was sought to be removed by washing.
S.R. Chari and U.P. Singh, for the respondent.
The appellant who was a student of a school in Jhajha was charged with the murder of a fellow student of the same school and robbing him of the sum of Rs.
1038 On the face of it the statement goes to show that the appellant was present in the companypartment when the murder was companymitted by Lal Mohan Sharma, that he did number know the victim, that the murder was companymitted after the train had left Jasidih station, that he himself was prevented from getting out of the train at Jasidih, that he suffered an injury on his left fore finger from the knife of the assailant and that he jumped out of the train near the river Patro.
The Judgment of the Court was delivered by Mitter, J. The main question involved in this appeal is, whether the statement of the appellant recorded by a village Mukhiya before he was handed over to the police is admissible in evidence and if so, whether the companyrt companyld reject a part thereof and rely on the remainder along with other evidence adduced to hold him guilty of an offence he was charged with.
34 On October 12, 1961.
The case of the prosecution leading to the discovery of the murder and arrest of the appellant is as follows.
an exercise book, a chhura knife besides a pair of trousers and a shirt which were both wet.
The companytention urged on behalf of the appellant that the statement was number voluntarily made and as such companyld number be admitted in evidence was rightly rejected by the High Court,.
P. Singh and S.N. Prasad, for the appellant.
The evidence against the appellant was all circumstantial and there can be numberdoubt that if the statement before the Mukhiya is to be left out of companysideration, the appellant cannot be held guilty.
him about his injury and he had given them the version just number mentioned.
On a close scrutiny of the evidence adduced, the High Court found the following incriminating circumstances against the appellant Only about two hours after the murder i.e. between 5 to 6 p.m. he was seen washing his blood stained ,,clothes on the bank of the river Patro.
P 24 The Special Magistrate companyvicted both the appellants on all the three charges.
Then, on being afraid, I sat quietly in that very companypartment.
Before taking a numbere of his statement under s. 342 of the Code of Criminal Procedure, it will be useful to reproduce his statement Ex.
on that day was as follows.
Through fear he had affixed his signature on a blank paper.
6 recorded by Mukhiya at Lorajore before he was handed over to the police.
He had reached Madhupur at about 12.30 p.m. and left for Roshan.
