PANDAKA NARAYAN AND ORS. Vs. STATE

JUDGEMENT

(1.) APPELLANTS have been convicted under Section 302/34. Indian Penal Code by the learned Sessions Judge of Koraput and each of them has been sentenced to rigorous imprisonment for life.

(2.) ACCORDING to the prosecution case in the early hours of night of 15 -12 -1970 the deceased Khinbudi Domburu, Khillo Lokanath (P.W.14) and B. Lachmi (P.W.15) were sitting near the fire in front of the house of P.W. 14. The accused persons were similarly sitting by the side of the fire near the house of Appellant Pandaka Pratap. At that point of time Pandaka Pratap abused Khinbudi Domburu saying that he had stealthily removed olsi (said to be a fruit). Thereupon the deceased protested. There was not exchange of words. Then the accused persons went into their house and returned being armed with spears. Appellant No. 4, Pandaka Pratap had also brought an axe with him. The deceased went home and returned with an axe. Appellant Pandaka Pratap pierced his spear on the thigh of the deceased. The deceased assaulted Pandaka Pratap with the axe and gave two blows. All the Appellants surrounded the deceased and started assaulting him with spears as a result whereof he sustained fatal injuries and succumbed to injuries at the spot.

(3.) THE prosecution examined 17 witnesses in all of whom PWs. 14 and 15 are the only eye -witnesses. P. ws. 1 to 4 and 6 to 8 were post occurrence witnesses. P. ws. 11, 12 and 17 were the investigating Officers. P.w. 13 was the doctor who conducted the post -mortem examination of the dead body. Others were formal witnesses.