KANDIA JANI ALIAS MUDULI Vs. THE STATE

JUDGEMENT

(1.) ORIGINALLY 8 persons were tried as accused. Seven have been acquitted and only the Appellant has been convicted under Section 302, Indian Penal Code, and sentenced to rigorous imprisonment for the life.

(2.) THE prosecution case is that on 14 -2 -1963 Madhab Khara (p.w. 11) and his son -in -law Gobardhan Takri (the deceased) with one Baidyanath Khara (p.w.l) went out far purchase of goats. In the village of the accused, Kursa, one of the accused, promised to sell them goats. He conducted them to a place where a marriage was going on they were served "Landa", an intoxicant, which the persons assembled including the accused were taking. Kursa wanted Madhab Khara and his men to pay the price in advance promising that the goats would be handed over next day. The purchasers did not agree to this proposal. Accused Kursa and the Appellant said that they were Adibasis and not cheats like Dombs. The purchasers belong to the Domb caste. They retorted by saying that now -a -days all are cheats alike and left the place. The accused got enraged, pulled out sticks from the fence of Dhanapati and chased the three purchasers. P.W. I concealed himself in a garlic field of Dhanapati. The accused assaulted P.W. 11 who sustained some injuries. Then they chased the deceased towards jungle. They could be seen to be chasing right upto a particular depression. Later on the accused returned in 2 groups by different routes and on the way back the Appellant divulged that they gave two blows to the deceased who fell down. Next day at about 3 p.m. the body of the deceased was discovered in the field of Masia Jani with multiple injuries. The Appellant produced Rs. 60/ - before the Investigation Officer which, according to the prosecution was with the deceased. The defence is one of complete denial.

(3.) THE conviction of the Appellant is based on the following pieces of evidence: