KURUNGALANGA LUXMAN Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Jeypore for the confirmation of the death sentence passed on the appellant (Kurungalanga Luxman). The condemned person has also filed an appeal against his conviction and sentence and both the appeal and the death reference were heard together and arc disposed of by one Judgement.

(2.) THE appellant is an aboriginal Khond residing in village Padmapur within the Police Station of Bissem -cuttack in the district of Koraput. The deceased Madhab Patro belonged to another village named Deokupali close -by. It appears that there was acute friction between him and some of the Khonds of another village, Dobhaguda, which was also close -by, but by shrewd litigation in law courts he succeeded in dispossessing the Khonds of their lands and taking them under his personal cultivation. This was said to have so much enraged the Khonds that on 11th July 1961 at about 8 A.M. when the said Madhab Patra was proceeding on the public road from his village Deokupalli to village Dhobaguda he was waylaid by the Khonds and brutally hacked to death. His brother -in -law Krushna Chandra Sahukar (P.W. 5) and his cooly Sannyasi (P.W. 6) were also following him on the same road on that fatal day. They claim to have witnessed the assault on the deceased. by the Khonds. P.W. 6 tried to interfere, but he was threatened with death and hence they both ran away leaving him to his fate.

(3.) THE appellant and his companion, Sarathy were originally sent up for trial by the committing magistrate, but Sarathy died before the commencement of the sessions trial which therefore proceeded against the appellant alone.