BUDHA MAJHI Vs. STATE

JUDGEMENT

(1.) THE appellants Majhis, Budha Majhi, Hapua Majhi, Lutha Majhi and Pecha Majhi have been convicted under Ss. 302/34 and 201/34, Indian Penal Code, and sentenced to undergo R. I. for life under the former section, no separate sentence having been parsed under the latter section in Sessions Trial No. 3 -K of 1961.

(2.) THE prosecution may be briefly stated as follows : On the morning of 22 -10 -60 at about 11 -30 A.M. the accused Majhi Budha Majid came to the house of the deceased Udechand Majhi and called him to go in his company to the liquor shop in the village Kuligaon, which is at a short distance from their village. Thereafter the other three accused persons joined them and the five went together to the shop and took liquor. After taking liquor while they were returning a quarrel ensued between the deceased on one hand and the other four accused persons on the other, somewhere inside the forest known as Budharaja jungle; and there the four accused persons are said to have killed Udechand with the axe (MO -1) which the deceased took from his house when he started with Majhi Budha Majhi, As the deceased did not return home that night his wire P.W. 2 Became anxious about her husband and informed about it to Kokila Majhi (P.W. 1) the elder brother of the deceased. P.W. 1 searched in vain in the near about village for about two days and reported the matter to the village Punch. The Chowkidar of the village (not examined) called a meeting of the Punches, where it is stated all the four accused persons made an extra -judicial confession to the effect that they had killed Udechand on 22 -10 -60. On the basis of this information, P.W. lodged first information report (Ext. 1) at the Khariar Police Station. The officer -in -charge of the police station, being absent, the assistant sub -inspector (P.W. 13) came to the spot and took up investigation and arrested the accused persons. It is stated that all the four accused persons led him and some villagers to the spot where they had hidden the dead body, and at the instance of the accused Majhi Budha Majhi the dead body was discovered from the place where it was concealed. At that time the head of the deceased was found severed from his trunk. Some bloodstained earth from the spot was seized under seizure -list, Ext. 2/7, and the Tangia (MO. 1) was produced by the accused Luthu Majhi from inside a straw -heap in his bar which was seized under seizure list Ext. 2/4. Some other seizures of cloths from the houses of different accused persons were also made under various seizure lists. Thereafter the accused persons were sent for making judicial confession before a Magistrate P.W. 12. The Magistrate recorded the confessions of the four accused persons 1 to 4 on 27 -10 -60, Exts. 9, 9/1, 9/2 and 9/3 respectively. Thereafter the accused persons were charge -sheeted and after due commitment, stood their trial under Section 302/34 for having caused the murder of Udechand and under Section 201/34 for keeping concealed the dead body of the deceased in a Nala in the aforesaid jungle with a view to screen themselves from legal punishment. Both the offences are said to have been committed in furtherance of their common intention.

(3.) THERE is no direct evidence of murder; but the proof of the prosecution case is based upon (1) the extra -judicial confession said to have been made by the accused persons before the village Punch which was attended amongst others by P.W. 1. the brother of the deceased and P.W. 3 Harihar Singh Chhatri, the Gountia of the village ; (2) discovery of the dead body in pursuance of the information given by the accused persons themselves as contemplated under S. 27 of the Evidence Act; (3) the judicial confession of the accused appellants recorded by the Magistrate, P.W. 12 and (4) the other evidence, such as the evidence of P.W. 2, wife of the deceased who identified the axe, M.O. 1 said to have been taken by her husband when he went out in the company of Budha Majhi and the evidence of P.W. 4 Balidhar Majhi and P.W. 10 Chhatrapal Chowkidar to the effect that they had last seen the deceased along with the four appellants sometime prior to the occurrence near about the village Kuligaon.