NARASINGHA KARWA Vs. STATE

JUDGEMENT

(1.) THE appellant Narasingha Karwa has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life for having committed the murder of Kandra Karwa, a boy aged about 16 years, on 2.11.1969 at about 11 A.M.

(2.) THE occurrence took place at the Sweepers' Colony at Barbil. The appellant and P.W. 2 Chandra Mohan Pechmukhi are sweepers in the Barbil N.A.C. The prosecution case was that on the evening of 1.11.1969 there was a quarrel between P.W. 2 and the appellant in course of which the former assaulted the latter with a bamboo pole. In the morning of 2.11.1969 P.W. 2 went to the liquor shop to have a drink. The appellant also went there along with his father. A quarrel broke out between P.W. 2 and the father of the appellant at the liquor shop. While they were returning, P.W. 2 severely assaulted the father of the appellant and fled away. Then the appellant returned home and threatened to finish the family members of P.W. 2. As neither P.W. 2 nor his father -in -law Raibu was at home, Lata Dei, the mother -in -law of P.W. 2, apprehended trouble. So she went out of the house along with her two daughters and the son Kandra Karwa (deceased). After they had gone a few yards from their door on the main road in front of their hut, the appellant came from behind with a patia (iron grass cutter) and assaulted the deceased who was going behind his mother and sisters. He gave several blows on the head and neck of the deceased and fled away with the patia. The deceased died at the spot as a result of the injuries sustained by him. On receipt of information the officer -in -charge of Barbil P.S. arrived at the spot and recorded the F.I.R. lodged by Kandri Dei who is the wife of P.W. 2 and the sister of the deceased. He held inquest over the dead body and despatched it for post -mortem examination. He also recorded the statements of P.Ws. 1, 3 and 4. On the same day the accused was arrested and in consequence of the information given by him, the Patia (M.O. 1) having stains of blood was recovered from a bush. In due course the appellant was charge -sheeted under Section 302, Indian Penal Code.

(3.) THE order of conviction is based mainly on the direct evidence of the eye -witnesses - P.Ws. 1, 3 and 4 and the circumstantial evidence of P.Ws. 6 and 7 about the recovery of the weapon of offence. On appeal it is urged that the order of conviction is not warranted by the evidence on record.