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GAUHATI HIGH COURT
P.K.Goswami, D.M.Sen, JJ.
Priyalal Barman -Appellant
Versus
State -Respondent
Death Reference No. 2 of 1970 and Criminal Appeal No. 6(J) of 1970.D/-27-5-1970, Ref.made by Dist.and S.J.Cachar.D/-20-1-1970 and judgment
Decided On : 12-01-1970
CRIMINAL LAW - Murder - Dying declaration - Admissibility - Corroboration - Investigation - Duty of police - Case diary - Maintenance.
Fact of the Case:
The accused was convicted of murdering his father, step-mother, and step-brother. The conviction was based on two dying declarations made by the step-mother and the evidence of witnesses who testified that the step-mother had implicated the accused before her death. The accused appealed the conviction, and the High Court also considered a reference from the Sessions Judge.
Finding of the Court:
The High Court found that the dying declarations were not reliable and that the police investigation was inadequate. The Court held that the prosecution had failed to establish the charges against the accused beyond a reasonable doubt and acquitted him.
Issues: 1. Whether the dying declarations were admissible and reliable. 2. Whether the police investigation was adequate. 3. Whether the prosecution had established the charges against the accused beyond a reasonable doubt.
Ratio Decidendi: 1. The Court held that the dying declarations were not reliable because they were not made in the presence of a Magistrate and were not corroborated by any other evidence. The Court also noted that the step-mother had a motive to falsely implicate the accused because she had been driven out of her husband's house by him. 2. The Court held that the police investigation was inadequate because the police had failed to collect any corroborating evidence, such as fingerprints or footprints, and had not interviewed the accused's mother, who could have provided an alibi for him. 3. The Court held that the prosecution had failed to establish the charges against the accused beyond a reasonable doubt because the evidence was insufficient and unreliable.
Final Decision: The High Court acquitted the accused of the charges of murder and arson.
This is a case triple murder which took place on the night of 18th April, 1969. The accused, a son, is said to have murdered his father, his step-mother and his step-brother, and he has been sentenced to death under Section 302. 1. P. C. The accused has appealed against his conviction and there is also the usual reference under Section 374, Cr. P. C. Both are taken up together. The accused was also convicted under Section 457, I.P.C., but no separate sentence was awarded to him,
2. There lived a man named Gopi-charan Barman, aged about 55 years, at village Ratanpur under Udharbond Police Station. He seems to be a substantial man. having land and granary and several houses within his homestead and has also allowed the accused, who is his son, to build another house for him (accused) within his compound. Gopicharan's first wife is the mother of the accused who was driven away from his house while he was only three years of age. Gopi-charan had a second wife Bazodi who had a son Parimal, aged about 11 years. The accused's mother since then resided at a place called Barbond about six miles from Ratanpur. The accused grew up and was serving in the Military Department and came to Ratanpur about two months prior to the occurrence and shared his stay with his father as well as his mother. The accused built the fifth house near his father's house at Ratanpur. On the previous day of the occurrence, Gopi-charan went to the accused's house where heated altercation took place between the two. This quarrel was over a sum of Rs. 1400/- (evidence of P.W. 5). On the morning of the occurrence, when Ananta Kumar (P.W. 1) was going by the side of Gopicharan's house, he heard a cry of distress - "Give me water, give water" - coming from inside the house. Ananta Kumar lives only hundred yards off from Gopicharan's house and his wife was also coming out at that time. Having heard the scream, he went inside the compound and found Gopicharan lying dead at the court-yard 'smeared with blood'. The cry for water was coming from inside the house and Ananta Kumar asked his wife to give water and he went to bring people. He then returned with Pulin, Rajendra and Arun and found Gopicharan's son Parimal lying dead on the bed. There was blood on his person. Bazodi, second wife of Gopicharan was lying on the bed with bleeding injuries by the side of her dead son Parimal. It is said that Bazodi told them that at night their son Jaurang (accused) "came and cut his father, his brother and herself". While Gopicharan and Parimal were already dead, Bazodi died on Sunday, the 20th at 10 A.M., the occurrence having taken place on Friday night.
3. Before the death of Bazodi, Ananta went to the Udharbond Police Station, eight miles away, and verbally reported the occurrence and the Sub-Inspector of Police recorded the same (Ext. 1) on 19th April, 1969 at 10-45 A.M. This first Information report mentions the name of the accused to be the assailant of all the three persons mentioned above. It also appears that Santa Barman, Member of the Gaon Panchayat and another person were present when Bazodi mentioned the name of the accused to Ananta Kumar for the first time when the latter came with these persons to find out what had happened inside the house.
4. The police officer registered the case and took up investigation and after leaving the police station at 11 A.M., arrived at the place of occurrence at half past twelve. He found the dead body of Gopicharan lying in the courtyard of the dwelling house near the verandah. His son Parimal Barman was found lying dead on the bed inside the house. He also found Bazodi lying injured by the side of her dead son. According to the Sub-Inspector of Police (P.W. 10) "Bazodi Barman stated that on the night of previous day, Jaurang forcibly entered the house and cut her, her husband and her son with a Bhujali". He sent for the doctor who came and recorded a statement of Bazodi at his request. He held inquest over t
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