PALAU MUNDA Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302 , Indian Penal Code and sentenced to imprisonment for life. The accused and the deceased were co -villagers. The accused killed Majhi Munda, his wife Radhi and their child Debra in the night of 16 -5 -1964 with Tabla M.O.I. After committing the murder he aroused Gau Munda (p. w. I) from his sleep and informed him that he killed the deceased as Majhi Munda caused the death of his six grand children by sorcery within a period of one month and as Majhi Munda threatened to kill him. Both of them came to the house of the Gountia (p.w.2) with blood stained Tabla. He made an extra judicial confession before p.ws. 1, 2 and 3 that he killed the deceased. P.ws. 1 and 4 accompanied the accused to the Thana with the Tabla and a blood stained cloth worn by the accused.

(2.) THE accused denied the charge. He admits to have made the extra judicial and judicial confessions before p.ws. 1, 2 and 3 and before the Magistrate (p.w.8) being tutored by p.ws. 1 and 4.

(3.) THERE is ample evidence that Majhi Munda, his wife Radhi and their child Debra were found murdered in the house of Majhi Munda. The doctor (p.w.7) made the post mortem examination. He found a number of incised and lacerated wound of Majhi Munda and Radhi Mundani. The doctor was of opinion that the injuries were antemortem and homicidal in nature and some of the injuries were fatal and were the immediate cause of death. Debra Munda had two injuries both of which are lacerated. There is no incised injuries on him. Those injuries are: