SADHU BAG Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted under Section 302, I.P.C. for having murdered one Beni Ganda with axe and has been sentenced thereunder to undergo R.I. for life.

(2.) THE prosecution case, in short, is that Tiari Gandani, P.W. 12, and her husband P.W. 14, along with some others, had gone to the house of P.W. 12's father at Lesunbahal in connection with some marriage negotiation. In the morning of 2.3.1966 they, along with the deceased and P.Ws. 11, 15 and 16, were returning from Lesunbahal. After they had crossed village Ghodar and when P.W. 12 and the deceased were just approaching the Nektimunda NalA.P.W. 12 saw that from the left side of the road two persons, one of whom held an axe and the other a knife, came running, and each of them picked up a stone from the road side and scolded her father (deceased Beni Ganda) in filthy language and were about to throw stones at him. Her father was receding back while appealing to those persons not to assault him. At that time one of the two accused persons who held an axe threw away the stone and with the axe in his hand dealt an axe blow on the head of P.W. 12's father, Beni Ganda. The other man with the knife with him stabbed Beni Ganda on his right side. On seeing this P.W. 12 shouted out that her father was being killed and called out to her maternal uncle Machhu Suna (P.W. 11) and her husband P.W. 14, who were walking ahead of them, to come running to that place. When she appealed to the assailants not to assault her father, the assailant who held the axe dealt another axe blow on the back of the neck of her father as a result of which he fell down on the ground with profusely bleeding injuries on his head and neck. The other assailant, who held the knife, dragged away P.W. 12 from that place and pushed her aside. Then the man with the axe dealt some more axe blows on her father, and the other man stabbed her father with the knife in his hand P.Ws. 11, 14 and 15, who came running to that place in response to the call and shouts of P.W. 12, were threatened by the assailants by the show of the knife and the axe and were asked not to come near the spot. On being afraid of the situation and the threatening attitude of the assailants P.Ws. 11, 14 and 15 went away from that place. The assailants then left the place. Beni Ganda instantaneously died at the spot on receiving the above mentioned blows. Thereafter P.W. 14 (the husband of P.W. 12) came there, and many others, on receiving information from P.W. 14, gradually assembled at the spot. After a while P.W. 12 along with others went to the Titilagarh police station (six miles way from the place of occurrence) and there lodged the F.I.R. Ext. 14 on the same day at 2.30 p.m. After investigation and the commitment proceeding the appellant and one Bhima Bag (since acquitted) stood their trial on a charge under Section 302/34, I.P.C. The trial court acquitted the said Bhima Bag by giving him the benefit of doubt, and convicted the appellant under Section 302, I.P.C. and sentenced him thereunder as stated above.

(3.) THE doctor P.W. 2 who held the post mortem examination on the dead body of Beni Ganda on 3.3.1966 at 12 O'clock found the following external injuries on his person : -