P DASARATHI Vs. STATE

JUDGEMENT

(1.) The appellants stood trial under Section 302, I.P.C. while five other accused who have since been acquitted faced trial under Section 114 read with Section 302, IPC. The appellants having been convicted under Section 302, IPC and sentenced to imprisonment for life have approached this Court in appeal.

(2.) The prosecution case is that the deceased P. Haribandhu was coming to his house after taking bath and while he was near the Khala of appellant No. 1, all the accused except one who were inside that Khala armed with deadly weapons like Khandakati and Kati surrounded the deceased. Appellant No. 1 who was armed with a Khandakati hit the deceased on his head and thereafter appellant No. 3 struck a Kati blow on his right leg on account of which the deceased fell down and thereafter appellant No. 2 gave a Kati blow on his left leg. While the deceased was still alive, appellant No. 1 gave a Khandakati blow on his neck as a result of which his wind pipe was severed and death was instantaneous. According to the prosecution, the incident was witnessed by P.Ws. 4, 6, 7, 8 and 10 of whom P.W 6 is the widow of the deceased, P.W. 10 is his son and P.Ws. 7 and 8 are villagers of neighbouring villages. F.I.R. was lodged by another son of the deceased, P.W. 9, on information received by him from P. W. 10. The assault on the deceased is stated to be out of previous enmity and grudge.

(3.) The defence of the appellants was a complete denial.