RATNA MUNDA Vs. STATE

JUDGEMENT

(1.) Appellants 1 and 2 are father and son respectively. Both of them have been convicted under S. 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case may be briefly stated. The deceased, his son P.W. 9 and the two appellants belong to village Vejidihi. On 27-2-81 the deceased and his son P.W. 9 had gone to the weekly market at Kadakala and on their return journey they were accompanied by the two appellants. On the way some quarrel took place between the appellants and the deceased and in course of the quarrel appellant 1 gave a lathi blow and appellant 2 gave a bahungi blow to the deceased. As a result of this assault the deceased died at the spot. P.W. 9 returned home and informed his mother, P.W. 6. P.W. 6 informed the village Gramrakhi P.W. 2, the next morning. P.W. 2 came to the village and before him and the other villagers appellant 2 confessed his crime. Appellant 2 also produced a bloodstained Bahungi before P.W. 2. On 1-3-81 at about 12 noon P.W. 2 lodged first information regarding the occurrence with P.W. 10, the then Officer-in-charge of Kanjipani Police Station. P.W. 10 recorded the F.I.R., Ext. 8, registered the present case and took up investigation. In course of investigation the Bahungi produced by appellant 2 before P.W. 2 was sent for chemical examination and according to the report of the Chemical Examiner, Ext. 12, the said bahungi was stained with human blood. After completion of investigation, charge-sheet was submitted against the appellants and they were duly committed to the court of session for trial.

(3.) At the trial 10 witnesses were examined behalf of the prosecution and none for the defence. The defence plea is one of complete denial. In their statements recorded under S. 313 Cr. P.C., both the appellants have stated that they have been falsely implicated in this case. Appellant 2 has further denied that he had made any extra-judicial confession. The learned Sessions Judge who tried the case found the appellants guilty and convicted and sentenced them as noted above.