LUNGASA PATAMAJHI Vs. STATE

JUDGEMENT

(1.) The two appellants have been convicted under Section 302/34, I.P.C., and sentenced to undergo imprisonment for life. They have also been convicted under Sections 201/34, I. P. C., and sentenced to undergo rigorous imprisonment for five years. The sentences have been directed to run concurrently.

(2.) THE prosecution case may be briefly stated The two appellants belong to village Slindipadar. Deceased, Jigura Rupamajhi, belonged to village Sartulu. The distance between the two villages is approximately two miles. The deceased was an Adibasi and so are the two appellants and the two villages are Adibasi villages On 7.12.1980 around 8 a.m. the deceased left his house in the company of two other persons to fetch a fowl from village Rada to be used for the treatment of his daughter who had been ill for the past week. It is alleged that on his way to village Rada the deceased went to the house of the appellants and took Liquor. Thereafter the two appellants and the deceased went to Nadanga forest to drink Satapa juice and under a Salape tree the appellants assaulted the deceased with fist blows and kicks as a result of which the deceased died at the spot. It is further alleged that thereafter the appellants carried away the dead body of the deceased to Padhel Kuti forest and from there to Padasapanga forest where they discarded the dead body to conceal its presence and returned to their respective houses. In the meantime as the deceased had not returned home by the evening, his wife, P. W. 9 requested the deceased's paternal uncle, P. W. 2, to go in search of the deceased. After two days the dead body of the deceased was found under a tamarind tree in Padasapanga forest, P. W. 2 informed P. W. 9 and then proceeded to Subarnagiri Out -post where he lodged a written report, Ext. 4, with the Assistant Sub -Inspector of Police, P.W. 10, on 10. 12. 1980 around 12 noon. P. W. 10 proceeded to the spot and held inquest over the dead body vide Ext. 5, the inquest report. P. W. 10 sent the dead body to the Government Doctor at Baliguda, P. W. 1, for post mortem examination. P. W. 10 seized blood stained earth, sample earth, blood stained stones, etc. from the spot vide seizure lists, Exts. 6 to 10. On 21 -12 -1980 P. W. 10 received the post mortem report from P. W. 1 to the effect that the death of the deceased was due to the injuries received by him and thereafter P. W. 10 drew up F. I. R., Ext. 11, on his own information and sent it to the Officer -in -Charge of Kothagarh P. S., P. W. 11, who registered the present case under Section 302, I.P.C. on 21 -12 -1980 at 7 p.m. On completion of investigation P. W. 11 submitted charge -sheet against the two appellants, The appellants were thereafter committed to the Court of Session.