REMA NAIK Vs. STATE

JUDGEMENT

(1.) THESE four appellants have been convicted under Section 302/34, I. P. C. , and sentenced to R. I. for life. They have further been convicted under Section 201, I. P. C. , but no separate sentence has been awarded for the same.

(2.) A boy named Teka died on 21-1-63. The four appellants along with some others including the deceased Dirima went to the cremation ground for burning the dead body of Teka. After cremating the dead body, according to some custom the accused persons took some Salap liquor at a short distance from the burning pyre. In course of drinking, appellant Rema blamed the deceased Dirima for his having killed the boy Teka by application of witch-craft, but the latter denied to have done so. Then accused Rema caught hold of the neck of Dirima and pushed him down and assaulted him with a stone on his head and chest. The other three appellants also joined him in assaulting the deceased with stones as a result of which Dirima died on the spot. Thereafter the appellants burnt the dead body of Dirima also. P. W. 4 the sister of the deceased who had been to the cremation ground, witnessed the occurrence and when she raised a protest, she was assaulted by Rema as a result of which she sustained some small injuries. P. W. 4 then lodged the F. I. R. (Ext. 3), and after investigation the accused persons were chargesheeted and committed to the Court of Sessions, where they were convicted and sentenced as above.

(3.) THIRTEEN other accused persons were also placed under trial along with the present appellants, but the learned Sessions Judge acquitted them for want of sufficient evidence. Accused Rema Naik was further charged under Section 323, I. P. C. , for having caused hurt to P. W. 4, Sambari Saurani, but was acquitted of that charge.