Decided on January 08,1963

STATE Respondents


Debabrata Mookerjee, J. - (1.)Upon a jury's unanimous verdict these three appellants have been convicted of murder and sentenced to imprisonment for life.
(2.)The case for the prosecution briefly stated was that on the 13th of May, 1960 Jagadish Singh was knived by appellant Matia Goala while the other appellants, Ninia and Nripatia held him down. Jagadish Singh had come to Calcutta from upcountry to collect his dues and was staying at the time at 10/1, Mirpara Lane, Howrah. At about the time of the occurrence one Kashiram had come to make payment and was resting at the place on a cot when the incident occurred. Kashiram witnessed the assault and a Municipal employee Provas by name who happened to have been passing that way, heard certain groans, heard Kashiram shout and saw the appellants getting away. Appellant Nripatia was soon overpowered by Provas and secured. The injured Jagadish Singh tottered out of the room holding in his abdomen the knife with which he had been injured. A trail of blood led to a neighbouring place where appellant Matia was secured with a bleeding injury upon his leg. The appellant Nunia was not found and he surrendered later in Court.
(3.)Upon a hurried telephonic information the police arrived and an investigation commenced. Eventually a charge sheet was submitted and after the usual preliminary enquiry the appellants were committed for trial before the Court of Session upon a charge of murder. They pleaded not guilty and suggested that they had been implicated out of suspicion.

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