DODO MAJHI Vs. STATE

JUDGEMENT

(1.) THIS appeal arises from Sessions Trial no. 11 of 1979 decided by the Additional sessions Judge, Purulia convicting the appellant under Sec. 302 of the Indian penal Cede and sentencing him to imprisonment for life.

(2.) THE appellant was charged along with one Chandu Majhi (who was acquitted in a separate trial before the framing of this charge) under Sec. 302/34 i. P. C. for murdering one Nakul Majhi on or about 9th May, 1975 at Mallick bazar.

(3.) THE prosecution case, in brief, is that on 9. 5. 75 (25th Baisakh 1382 B. S. 4 ladies including the widow of the deceased, viz. , P. Ws. 1, 2, 3 and 14 were returning from Akhduara after selling kendu leaves to their village home at cholabera shortly before sunset. The deceased was also returning with them but was a little behind the ladies. Then tragedy struck. Near Mallick Bazar the appellant with an axe, along with the said Chandu Majhi suddenly attacked the deceased. The appellant assaulted him with an axe and the said Chandu used a knife. Nakul began to shout as also did the 4 ladies. As a result of the assault Nakul fell to the ground and died there and then.