BANDHU KICHEI Vs. STATE

JUDGEMENT

(1.) THE appellants; have been convicted under Sections 302/34, I. P.C. for having committed murder of Shyama Gouda in furtherance of the common intention of all of them on 13th July, 1972 in the evening, and sentenced to rigorous imprisonment for life each.

(2.) APPELLANTS 2 and 3, namely, Sada Kichei and Gopi Kichei are nephews of appellant No. 1 Bandhu, There was enmity between the accused persons on the one hand and the deceased, on the other on account of dispute over a parcel of land qall -ed Dpmbobanal which was subsisting on the date of occurrence. There were several litigations pending between them in respect of the said land. P.W. 1 Js a Gunia who practises witchcraft and is reputed to cure ailing persons by occult practices and also by administration of country medicines. The daughter of the deceased fell ill and so he wanted to fetch P.W. 1 to cure her. He took his sister P.W. 2 alone with him and went to the village of P.W. 1. On the date of occurrence at about 5 p. m, the deceased accompanied by P.Ws. 1 and 2 was returning to his village and on the way they passed through the village Nanda -puriaguda of the accused persons. When they came near the house of the appellants the deceased began whistling in a provocative manner. Hearing this, Samara Kichei, brother of appellant No. 1, Bandhu, came out of his house armed with bow and arrow and challenged the deceased to a duel. At this stage, P, W. 1 intervened and separated them. Suddenly the appellants appeared on the scene fully armed and assaulted the deceased. Appellant No. 1 Bandhu, who was armed with a Tangi (M. O, I.) dealt three successive blows on the neck of the deceased who fell down in consequence of such assault. The other two appellants Sada and Gopi who were also armed with Tangis (M, Qs. II and III) dealt several other mows. The deceased died on the spot. After the occurrence, the accused persops went to the house of P.W. 3, the Naik of village Gangara juguma, of which the village of the accused is a hamlet, and appellant No. 1 Bandhu confessed to have killed his enemy, the deceased, with M. O. I, This, in short, is the prosecution story..

(3.) THE prosecution has amply established a motive in this case which was a long standing enmity between the accused persons on the orte hand and the deceased on the other regarding Dombobahal land,