PODYAMI JOGA Vs. STATE

JUDGEMENT

(1.) PODYAMI Joga has been condemned to death by the Additional Sessions Judge, Jagdalpur, for having caused the death of one Tati Hidma who was killed on the night between the 23rd and the 24th November, 1961

(2.) THE case for the prosecution was that the accused struck two or three belows on the head of Tati Hidma with a Tangia (a sharp cutting weapon which is commonly carried by men in Jagdalpur) which caused fractures and as a result of which he died on the spot. The conviction is based on the ocular evidence of Tati Dora (P.W 1), a child witness (10 or 11 years of age), and on the extrajudicial confession alleged to have been made by the accused before Podyami Suku (P.W. 3), Madvi Hadma (P.W. 4) and Podymi Pandu (P.W. 5). It was also said that at one time the accused was in the employment of the deceased for agricultural operations but one day he caught hold of the hands of Mst. Jogi, wife of the deceased, and when she raised an alaram the accused made good his escape.

(3.) IN the first information report it was said that it was his youngest brother who informed him that some body had killed Hidma. To reproduce the words of the first information report: