BUDU GOUDA Vs. STATE

JUDGEMENT

(1.) THE two accused appellants were convicted on a charge of the murder of one panchu Gouda on the night of Monday July 15, 1963 at village Khutubai, Police station Kodinga, district Koraput. The deceased and the accused persons were friends. The motive of the murder is suggested to be that the accused Budu Gauda who was a bachelor wanted to marry a girl whom the deceased's father had brought under a proposal for the marriage with his son, the deceased; the accused boidu Jani is said to have helped his friend accused Budu Gauda in the murder. Both the accused appellants denied the charge of murder; in fact they accused each other of the crime. As the deceased was found missing, his father gave police a missing report on Wednesday July 17, 1963. It was not until Thursday July 18, 1963 that the First Information Report about the crime was lodged by the deceased's father P. W. 1 at the police station which is 4 miles from the place of occurrence. The Police took up the investigation and in due course the two accused persons were arrested on July 19, 1963.

(2.) THE prosecution case is this : On the morning of July 15, 1963, which was a monday accused Budu Gauda went to the house of the deceased and suggested that he should accompany accused Budu Gouda to Kodinga for selecting a bride for him (Budu Gauda ). They left the village Churchunda. The other accused Boidu jani of village Khutabai had also accompanied them. At the end of the day instead of returning home the two accused persons and the deceased went to accused boidu Jani's house at village Khutubai in the evening. It is said that at night the three went out towards the village tank at Khutubai. Sometime thereafter the accused persons returned but not the deceased. The two accused persons gave out that there was an attack by tiger and so they fled for their life; they did not know which way thy deceased had escaped. The deceased having been a new comer to that village Khutubai, accused Boidu Jani's parents (P. Ws. 4 and 5)became worried. They held a search along with the two accused persons but in vain. On the following day July 16, 1963 (Tuesday) they also enquired if the deceased had safely returned to his own village Churchunda but he was not there. The deceased's relations got alarmed. Ultimately on July 17, 1963 (Wednesday) at about noon some people of the deceased's village Ghurchunda including the deceased's father came to village Khutubai in search of the deceased. Then the two accused persons gave out the story of tiger attack which however was not believed on verification. Then what led to the discovery of the dead body and the clue to the murder of the deceased by the accused persons ending in their prosecution and conviction is stated hereunder.

(3.) ON the night of Wednesday July 17, 1963 accused Boidu Jani is said to have confessed to his mother how accused Budu Gouda killed the deceased to have the girl who had been fixed to be married with the deceased. Accused Boidu Jani also confessed that he had assisted accused Budu Gauda in the murder and had given two strokes. The following morning Thursday July 18, 1963 accused Boidu Jani also confessed before the others that the deceased has been killed by the accused persons and that the dead body was concealed in the paddy field. Accused Boidu jani also led the searching party where the dead body lay. There was a quarrel between the two accused persons in which each blamed the other for the murder : then the accused Budu Gauda tried to escape but he was caught hold of. After everything became known the First Information Report was lodged with the Police by the deceased's father P. W. 1.