JAGABANDHU GIAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the petitioner Jagabandhu Gial against his conviction under Section 302, Indian Penal Code, and the sentence of R. I. for life for having caused the murder of one Kuba Gori, wife of Hari Gial on January 12, 1960. Originally there was another accused person along with the present appellant who stood his trial under section 302/34, Indian Penal Code, and has since been acquitted by the learned Sessions Judge of Koraput -Jeypore.

(2.) SHORTLY stated the prosecution case is this : In the evening of January 11, 1960, a daughter of Hari Gial died at his house in village Gialput which is a hamlet of village Tantor the village of P. Ws. 8, 9 and 10. The deceased having lost successively two daughters in course of a week believed that those deaths were due to some witchcraft, and her suspicion including certain members of her family fell on Aita Gial, the father of the present appellant. On the morning of January 12, 1960, P. Ws. 2, 8, 9 and 10 of village Tantor arrived in the house of Hari Gial for the purpose of cremating the deceased girl who was about eight years of age at the time of her death. P. Ws. 2, 8, 9 and 10 went to the house of Aita Gial to borrow a spade and a crowbar for effecting the cremation. Aita who has been examined as D. W. 1 in this case admits the fact of their going for the purpose of borrowing the spade and the crow -bar, but refused on the ground that all the abuses were being hurled against him by the mother of the girl as well as the other members of the family.

(3.) ON receipt of the first information report, the Police registered a case under Sections 326/307, Indian Penal Code, examined P. W. 1, and the persons who accompanied him. About an hour later, the appellant also came to the police station, and made a report against Hari Gial and his two sons, Sukra and Jogi. He alleged that Hari Gial assaulted Aita Gial with an axe and his son Sukra also assaulted him with a spear and that when Hari Gial attempted to assault Jagabandhu with a blow, the blow actually fell on the back of Kuba Gori as she caught hold of her husband by his waist. The Sub -Inspector registered a case under sections 324/34, Indian Penal Code, and then left for the village Gialput along with the appellant and Sukra, P. W. 1. On the way, he found Aita being carried in an injured state towards the police station with spears, M. Os. II and III, and the axe, M. O. V. Since there was no doctor available at Padua, the Sub -Inspector took Aita back to his village, examined him there and seized the three weapons which were being carried in his cot.