Decided on November 07,1952

RUPLAL KOERI Respondents


Narayan, J. - (1.) This is a reference for the confirmation of the sentence of death passed on Ruplal Koeri and Gobardhan Koeri. The condemned prisoners have preferred appeals which have been heard along with the reference. While the appellant Ruplal was charged under Sections 302 and 326 the appellant Gobardhan was charged under Section 302/109, Penal Code.
(2.) The prosecution case, as accepted by the learned Sessions Judge, may briefly be stated as follows. Accused Ruplal was originally a resident of village Gouchari, and the deceased Ramsaran Koeri was a resident of village Khutaha, Khutaha and Gouchari being adjoining villages. Accused Gobardhan is a resident of village Pasraha which is about four miles from Khutaha. Ruplal had incurred the displeasure of his co-villagers. He had enticed away the wife of one Mauji Mahto of village Gouchari, and the village people held a panchaiti in which the deceased Ramsaran, being the mukhia of his caste-men, took the leading part. As a result of the panchaiti the woman who had been enticed was sent to her father's place. The village people, however, had become so much annoyed with Ruplal that hip house was demolished and his homestead land was ploughed. The father of Ruplal had to bring a criminal case against Ramsaran and others on account of the demolition of the house, but the case could not proceed as the police submitted a final report. Ruplal had ultimately to leave his village, and he began to live in Pasraha in the house of the other accused Gobardhan who had married his sister.
(3.) The occurrence took place at about sunset time on 21-2-1952, and on that date the deceased Ramsaran along with his first cousin Adhik Koeri (P. W. 4) had gone to village Pasraha to negotiate with Jhaksu of village Pasraha for the marriage of the son of Adhik with the daughter of Jhaksu. In the afternoon they started for their own village, and- when they came near village Mallia which is about one mile from Khutaha and three miles from Pasraha they had to pass over a footpath which was situate between rahar fields. When they came inside the rahar field they noticed the two accused Ruplal and Gobardhan sitting in the rahar field at a short distance from the rasta or the footpath. The two accused ran towards them, and while Gobardhan caught hold of Ramsaran Ruplal began striking him with a chhura. He gave Ramsaran a few chhura blows, and when Adhik tried to save him Ruplal struck him as well with his chhura, Adhik sat down after receiving the chhura blow, and then Ruplal pierced his chhura into Ramsaran's neck, as a result of which Ramsaran dropped down dead. The two accused then ran away. Adhik had raised a halla, and shortly after the two accused had run away two persons of village Mallia brought the accused Gobardhan under arrest. Other persons also arrived at the scene of occurrence, and before all of them Adhik narrated how Ramsaran had been killed and how he had been injured by the accused. Adhik was taken to the police station on a khatia, and he lodged the first information report at 9 P.M. on the same date. The officer in charge of the Gogri Police station after recording the first information report sent Adhik to the Khagaria hospital and. examined the person's who had come to the thana along with him, Gobardhan who had been brought by the chaukidars to the thana was put under arrest. He was wearing a 'doria' half-shirt which contained a mark which looked like a blood mark. The half-shirt was seized by the Sub-Inspector, and he then started for village Mallia which is about three mile's from the police station. The Sub-Inspector arrived at the place of occurrence at about 10 P.M., and when he went to the rahar field he found the dead body of Ramsaran lying there. He found certain quantity of blood near the dead body which was lying at a distance of six steps only from the footpath. Some rahar plants also appeared to be stained with blood and other rahar plants were found damaged, At some distance from the rahar field was another field over which kurthi had been, grown, and there were some trampling marks in that kurthi field. The Sub-Inspector scraped the blood-stained earth, and he sent this blood-^tained earth along with the blood-stained leaves and the blood-stained shirt of Gobardhan to the Chemical Examiner. The report of the Chemical Examiner was that they were all stained with human blood. In spite of search the accused Ruplal could not he found, and processes under Sections 87 and 88, Criminal P. C. had to be issued against him. After the investigation was complete charge-sheet was submitted against the two accused.;

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