DAMU SANTA Vs. STATE

JUDGEMENT

(1.) THE appellant along with four others stood charged under Section 147, I.P.C. for having formed themselves into an unlawful assembly with the common object of causing the death of one Laxman Santa of village Katranguda under Tentulikhunti Police Station in the district of Koraput and also under Section 302 read with Section 149, I.P.C. for, having caused his death in prosecution of their common object. The appellant was separately charged under Section 302, I.P.C. After trial, the appellant was convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and the other accused persons were acquitted of the charges framed against them.

(2.) PROSECUTION case was that on 8.3.1978 morning P.W. 4 Dhana Santa and P.W. 5 Kamulu Santa who were the maternal uncles of the deceased went to his house to see his ailing son. At about noon, the deceased accompanied by P.Ws. 4, 5 and his brother Suna Santa (P.W. 1) went to the bank of the river Murana for taking both. On the other side of the river some Sundhis were illicitly distilling liquor. At the request of the deceased, the party went to the other side of the river for taking liquor. The deceased purchased two bottles of liquor and partook of the same with his companions. The appellant Damu Santa was also taking liquor at that place in the company of other accused persons. When he saw the deceased and his companions taking liquor, he asked the deceased to give him some liquor. The deceased said that he could not give any liquor as he had no money. Then the appellant tauntingly remarked that the deceased might go with him and take any quantity of liquor he liked to consume. There was exchange of some hot words between the two. Then the appellant left the place with his companions. The deceased after taking liquor proceeded towards the other side of the river. He was followed by his brother P.W. 1 and his maternal uncles P.Ws. 4 and 5. As soon as the deceased reached the sandy bed of the river after crossing the stream the appellant and the other accused persons suddenly appeared there and attacked the deceased. The appellant dealt a blow on the head of the deceased by means of a piece of split -wood as a result of which he fell down. The other accused persons gave him kicks and fist blows. Then all the accused persons ran away and a little later the deceased died at the spot. F.I.R. was lodged by P.W. 1 on the same day at about 8. p.m. at Tentulikhunti police station which is 20 kilometers away from the spot. After due investigation, the police submitted charge -sheet against the appellant and the other accused persons as aforesaid.

(3.) IN order to establish the charges, prosecution examined eleven witnesses of whom P.Ws. 1, 4 and 5 were said to be eye -witnesses to the occurrence. The accused persons examined two defence witnesses. On a consideration of the evidence adduced by both the parties, the learned Sessions Judge held the appellant guilty and inflicted the sentence as indicated above.