DASARATHI MAHANTO Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by Dasarathi Mahanto against his conviction under Section 302, Indian Penal Code and the sentence of imprisonment for life awarded by the learned Sessions Judge, Mayurbhanj -Keonjhar, by his judgment dated February 6, 1960. Originally there were two other accused persons who stood their trial with the Appellant. They were Gurucharan Mohunto, elder brother of the Appellant, and Ramchndra Mohanto, nephew of the Appellant. All the accused persons were charged under Sections 302/34, Indian Penal Code, Gurucharan and Ramachandra were acquitted by the learned Sessions Judge and the Appellant was convicted and sentenced under Section 302, Indian Penal Code.

(2.) THE prosecution case, briefly stated, is this: The, Appellant on account of certain troubles with regard to the elopement of his daughter was socially boycotted by his caste people in the village. Sometime before the occurrence the Sudhi ceremony of the mother of the Appellant Dasarathi look place. The deceased Sricharan who is a close relation of the Appellants that time suggested that the Appellant should make some Prayaschit, but the Appellant resented. The result was that the social boycott continued. Thereafter Sricharan's daughter -in -Law died and the Appellant. Dasarathi was not invited to her Sudhi ceremony. It appears that Dasarathi along with his brother Gurucharan and nephew Ramachandra formed one party and remained socially boycotted. On the night of occurrence the deceased was sleeping in his buffalo -shed with his youngest son (PW. 10), grandson (PW. 11), who are children between ages of 10 and 14. The three accused persons came there and while the Appellant went inside the buffalo -shed with an axe in his hand, the other two remained outside with sticks in their hands. When the deceased was asleep, the Appellant Dasarathi gave four blows on his head with the blunt end of his axe. On seeing this, the other two accused persons fled away and the Appellant left the place after inflicting blows on Sricharan and Sricharan died instantaneously. P.Ws. 10 and 11 who saw the occurrence immediately raised an alarm as a result of which the widow of the deceased (P.w. 8) came and saw her husband dead. Immediately she called her eldest son (P.W. 6) and P.W. 6 in his turn called the other villagers. The prosecution case is that P.Ws. 11) and 11 informed them that the Appellant Dasarathi came with the other two accused persons and committed the murder. P.W. 6 thereafter lodged the first information report and after due investigation charge -sheet was submitted against all the three accused persons of whom, as I have stated earlier, two stood acquitted by the learned Sessions Judge.

(3.) THE learned Sessions Judge relying upon the evidence of the two child witnesses P.Ws. 10 and 11 and certain other circumstances, convicted the Appellant under Section 302, Indian Penal Code and sentenced him to R.I. for life.