BISING SAURA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) BISING Saum & Gansu Saura are the Appellants. They were accused Nos. 1 and 3. The prosecution case is that these two Appellants, and Mangada Soura (accused No. 2) and Somanath Soura (Accused No. 4), who have not appealed, and the deceased persons are the residents of village Lade in Gunpur Taluk. Deceased Arambha and Sarina were the sons of Lachhman Soma (P.W. 1). Puyang Sonrani (p.w. 6) and Jaguni Sourani (p.w. 7) are the widows of Sarina. Arambha 's widow Jagali died before here examination. Accused Bising and Gansu are brothers. Mangadu is their sister 's husband and Somanath is the cousin of accused Nos. 1 and 3. P.Ws. 1 and 3 to 7, accused persons and the deceased are all neighbours.

(2.) ON April 6, 1960 Jagali, wife of deceased Arambha, complained to P.W. 1 that her cow was maimed by Gansu. P.W. 1 asked her to report the matter to her husband after his return. Armbha returned in the evening and on hearing the matter from his wife demanded Gansu (accuse No. 3) as to why he maimed his cow. Gansu got annoyed and asked Arambha to go to the Gomang for a decision. So saying he dragged Armbha by hand. P.W. 1 protested against the conduct of Gansu who threw a stone (M. O. II) at P.W. 1 who sustained a bleeding injury on his head and fell down senseless. Arambha protested against this dastardly act whereupon Gansu gave two blows on his fore -head and cheek with his axe (M. O. I). Arambha fell down. Somanath Soura snatched away M. O. I from the hand of Gansu and gave two more blows on the back of Armbha resulting in his instantaneous death. On hearing Armbha 's cry when he fell down, P.W. 1 came to the spot and cried. On hearing his cries Sarina came to the spot accompanied by p. ws. 6 and 7. On seeing is brother dead, Sarina picked up a wooden post (M.O. V) lying nearby and gave a blow with it on too left hand of Gansu. Bising gave a blow on Sarina 's left ear with an axe (M.O. III). Sarina fell down and Mangada stabbed his abdomen with his knife (M.O. IV). Sarina was taken home as he was not dead and he died the next day.

(3.) THE defence does not deny the occurrence. The defence of Somanath and Mangada need not be given as they have not filed any appeal Bising in his statement under Section 342, Code of Criminal Procedure, stated that the injuries sustained by him were the result of attack of Ammbha on him by axe and that he killed Sarina. Gansu admitted that he hit Arambha with M.O.I, and he was not attacked by Sarina with a lathi but that (sic) bha hit him by an axe on his hand.