RAM CHANDRA SAHU Vs. STATE

JUDGEMENT

(1.) APPELLANTS Ramchandra Sahu and Hajari Kondh were charged under Section 302/34 and Section 201, I.P.C. Ramchandra has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and has been acquitted of the charge under Section 201, I. P. C. Hajari has been convicted under Sections 302 and 201, I. P. C. and has been sentenced to imprisonment for life and R. I. for three years respectively, both the sentences to run concurrently. Keshab Jhoria has been convicted under Section 201, I. P. C. and has been sentenced to R.I. for 3 years. Rupsingh Majhi has been acquitted of the charge under Section 201, I. P. C. Admittedly Hajari Kondh, Rupsingh Majhi and Keshab Jhodia were the servants under Ramchandra Sahu in his liquor bhati.

(2.) THE prosecution case is that Nilambar Naik (P. W. 10) is the step -brother of deceased Pitambar. Nilambar took an advance of Rs. 300/ -from Ramchandra for supply of bricks. Both Pitambar and Nilambar also took advance of Rs. 450/ - from the Manager for supply of bricks. Nilambar did not supply the bricks and left the village. Prosecution case is that Ramchandra put pressure on Pitambar for realisation of the dues against Nilambar. Accordingly at about 4 p.m. on December 7, 1960 Ramchandra called Pitambar to the Bhati. Hajari dragged Pitambar inside the bhati and Ramchandra gave shoe beating to Pitambar for production of Nilambar. Pitambar left the Bhati and at about 9 p.m. on the same day Hajari went to Pitambar's house and called him to the liquor bhati. On his arrival Ramchandra and Hajari assaulted Pitambar in the treasury room of the bhati. About an hour thereafter Hajari, Keshab and Rupsingh carried the dead body and left it on the verandah of Pitambar and ran away. Moti Domuni (P. W. 7), the stepsister of Pitambar, saw these persons running away and made a hulla which aroused Pitarnbar's mother (P. W. 6). They saw the dead body on the verandah and made hulla as a result of which many persons gathered. The dead body was removed inside the house. Thereafter F. I. R. (Ex. 2) was lodged at about mid -night which was followed up by investigation of the case.

(3.) DURJODHAN Gond (P. W. 3 and Choukidar), Ghasiram Dumoni, the mother of the deceased and P. W. 6, and Moti Dumani (P. W. 7) are witnesses to the assault on Pitambar at the bhati at about 4 p.m. P. Ws. 6, 7 and Raghunath Naik (P. W. 8) are witnesses to the fact that at about 8 p.m. Hajari called Pitambar from his house to the bhati. The fatal assault is alleged to have taken place at about 9 p.m. and P. Ws. 1and 4 are the eye -witnesses to the assault and P. W. 9 spoke to the presence of the deceased at the bhati at 9 p.m. P. Ws. 6, 7 and 8 are the witnesses to the carrying of the dead body by Hajari, Keshab and Rupsingh. P. Ws. 4 and 9 are the sons of P. W. 3. Nothing substantial has been suggested against them. P. Ws. 1 and 8 are two independent witnesses and there is no allegation against them excepting that they are the caste men of the deceased. The deceased and all those witnesses are Adibasis.