CHERUNGU BOIPARI AND ANR. Vs. THE STATE

JUDGEMENT

(1.) SUNADHAR Domb of village Katiguda, brother of Sadhu Domb (p.w.13) was killed on Friday the 29th November 1963 at 4 p.m. by the side of the village road near Kendubhatta which is at a distance of about one furlong from village Sigmulhecha -where it is said the altercation between the parties originally began. The information about his death 'was given at the Police Station Mathili -which is about three miles from the place of occurrence -on the next day (30 -1l -1963) at 12 noon by Sadhu Domb (p.w.13) who claimed to be a eye -witness of the occurrence along with two others namely Nilakantha Naik of village Sigmulbecha (p.w.3) and Guru Domb of village Katarimajhiguda (p.w.14). According to him the deceased Sunadhar Domb was murdered by the two Appellants namely Cherungu Boipari (aged 26 years) and his father Lochamali Boipari (aged about 55 years) both of village Katarimajhiguda -the former with an axe and the latter by an arrow.

(2.) THE learned Sessions Judge who tried the accepted the prosecution story and convicted the Appellant No. 3 Cherungu Boipari substantively under Section 302, Indian Penal Code and Appellant No. 2 Lochmal Boipari constructively under Section 302, Indian Penal Code read with Section 34, Indian Penal Code and sentenced them both to transportation for life. Appellant Cherungu was also convicted under Section 304, Indian Penal Code for causing hurt with an axe on the person of Guru Domb (p.w.14) and sentenced to undergo rigorous imprisonment for a period of six months for that offence, with a direction that the two sentences imposed on him were to run concurrently.

(3.) THE other injured person namely Guru Domb (p.w.4) was also examined by the same doctor. That was done on 3 -12 -1963. On his person there was found only one injury 1" X 1/2" X 1/2" on the lateral side of the lower part of the right thigh. This, according to his opinion, was a simple injury caused by a sharp -cutting weapon such as a tangi. So in regard to the injury on this person also, the evidence of the three eye -witnesses is fully supported by the medical opinion.