ANASI SABARA Vs. STATE

JUDGEMENT

(1.) THE three appellants along with five others were put on trial before the Sessions Judge, Ganjam on charges under Sections 148, 149/302 and 302, I.P.C. The five others were acquitted and the three appellants were convicted under Section 302 read with Section 34, I.P.C. and were sentenced to undergo R. I. for life.

(2.) THE prosecution case in short is that on 22 -3 -70 there was a feast in village Muliguma. The villagers had sub -scribed and had purchased a goat for the feast. The goat was killed in the afternoon and its meat was being distributed. One Lakshman Sabara demanded that the deceased who was the headman of the village and who had the village fund with him should pay Rupees 10/ - more to meet the balance of the cost of the goat purchased for the feast. The deceased paid Rs. 5/ - and pleaded his inability to pay the balance immediately. He was thereupon dragged to the village road where he was assaulted by the appellants and others. Being afraid that he would be further molested the deceased, accompanied by his wife (P.W. 4) and their two minor children, started for the nearby village Padmapur to borrow Rs. 5/ - from a friend of his and pay to the villagers. He was followed by the three appellants. Appellant No. 1 Anasi Sabara was armed with a lathi (M.O. III); Appellant No. 2 Sana Damba Sabara was armed with a knife (M.O. II) and Appellant No. 3 Majhia Damba Sabara was armed with a Tenta (M.O. I). Hardly had the deceased and his wife and children proceeded a furlong from the village, the three appellants first assaulted P.W. 4 and she fell down on the road. Thereafter Appellant No. 3 Majhia Damba Sabara gave a thrust with his Tenta (M.O. I) near the left eye brow of the deceased. Appellant No. 2 Sana Damba Sabara assaulted the deceased with the knife (M.O. II) on the region of his left ear. Appellant No. 1 Anasi Sabara assaulted the deceased with the lathi (M.O. III) near the back of his neck. The deceased fell down. Thereafter the accused persons left the spot.

(3.) IN due course the appellants and the five others accused persons were put on trial.