DASA @ DASAMANT MAJHI AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the two Appellants who have been convicted under Sections 302/34 Indian Penal Code and each of them has been sentenced to R.I. for life for committing the murder of Sankhi Bewa on 5 -1 -1972 at about 8 p.m. in village Tulsibani under Rairangpur P.S. in the district of Mayurbhanj.

(2.) THE prosecution case runs thus: The two accused persons are the husband 's brother 's sons of the deceased. Previously the accused persons had their house adjacent to the house of p.w. 1. But some years back they abandoned that house and shifted to village Hatnabeda and settled down there. It is alleged that while the accused persons were living in the house adjacent to that of p.w. 1, the brother of Appellant Ramai and wife and children of Appellant Dasmat died. Then they lost one buffalo. They consulted one sorcerer who informed that one woman was causing witchcraft. They suspected that the deceased was practising witchcraft. On the evening of the occurrence at about 8 p.m. the deceased, p.w. 1 and his wife were taking meals. While the deceased went to the kitchen to bring a raw tomato she was shot by an arrow which pierced on her trunk on the right side and she immediately raised an alarm giving out the names of the two Appellants and called her son. Some of the villagers also assembled there and the deceased disclosed the names of these two Appellants as assailants. Next morning she was being taken to the hospital and she expired on the way. Then a report was lodged at the Rairangpur P.S. and after arrest the Appellant Ramai led the I.O. (p.w. 8) to the house of Chutia Majhi and gave recovery of a bow. The plea of the Appellants is a complete denial of the occurrence.

(3.) THE prosecution relies on: