SUPERINRENDENT AND REMEMBRANCER OF LEGA AFFAIRS GOVT OF WEST BENGAL Vs. DURGA CHARAN BARMAN
LAWS(CAL)-1960-7-4
HIGH COURT OF CALCUTTA
Decided on July 21,1960

SUPERINRENDENT AND REMEMBRANCER OF LEGA AFFAIRS GOVT OF WEST BENGAL Appellant
VERSUS
DURGA CHARAN BARMAN Respondents

JUDGEMENT

- (1.) THIS appeal by the State Government is directed against an order of the Sessions Judge of Cooch-Behar by which the respondent Durga Charan Barman was acquitted under sec. 302 of the Indian Penal Code and ordered to be detained in accordance with the provision of section 471 of the Cole of Criminal Procedure.
(2.) THE case for the prosecution briefly stated was that on the night of the 7th of October, 1958 when the respondent's wife Kanchan Bala was sleeping with her children the respondent rushed in and cut the throats of two of his infant daughters. The wife at once raised a cry when neighbors appeared and forced open the door of the hut. The respondent was found standing with a blood-stained knife in hand; his clothes also had become blood-stained and the two daughters were seen lying dead with their throats cut. The respondent admitted his guilt and was at once secured and tied to a post. An information was given to the authorities and the police arrived and took the accused into custody. On the next day the respondent made a confession which was recorded by a Magistrate. The investigation resulted in a charge-sheet. After a preliminary enquiry the respondent was committed to take his trial before the court of session on two charges relating to the two deaths.
(3.) THE respondent pleaded not guilty and his defence was that he had been falsely implicated. He made a long statement under section 342 of the Code of Criminal Procedure in which he said that he had a quarrel that night with several persons who attacked him in this house at about 4 in the morning; these men forced open the door of the room with a view of killing him; luckily he escaped and concealed himself in a bamboo clump from where he heard the cries of his wife that his children were being killed. He then ran back home only to find that they had killed one of his daughters. Some of these men were still standing at the door and they apprehended him. He averred that he never admitted his crime, denied having been found with a knife and suggested that his wife had passed under the influence of his enemies. He added that he did not recollect what he had stated in his confessional statement before the Magistrate and explained that he came to have stains of blood on his clothing when he tools: the murdered child in his lap.;


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