JAMU MAJHI Vs. STATE

JUDGEMENT

(1.) Having been convicted under S.302 of the Penal Code for having intentionally killed his agnetic uncle Guti Majhi and sentenced to undergo R.I. for life, the appellant has moved this Court in appeal.

(2.) The appellant had mortgaged his land to Guti for four years. After lapse of three years, the appellant however did not allow Guti to enjoy the land but mortgaged the Same with another person. Guti thereupon insisted that the appellant should either return the money or allow him to enjoy the land for one more year. On account of this there ensued frequent quarrels between them. On 7-6-1982, Guti had been to the weekly market at Sumerpadar and indulged in a drinking bout and got drunk, returning to the village he went to the house of the appellant and demanded of him to return the money or permit him to possess the land for one more year. The appellant refused to concede either, whereupon, it is alleged, Guti abused the appellant in filthy language. This led the appellant to hit the deceased, Guti, on the head and the neck, with a stick. Guti fell down and was carried to his home by his brother, P.W. 1 and mother, P.W. 2. Panchayati was held the next morning where, it is alleged the appellant confessed to have assaulted Guti with lathi when he was abused in filthy language. Guti was carried to the hospital but on the way he breathed his last. F.I.R. was lodged by P.W. 1 at Thuamul Rampur police station in the district of Kalahandi. On completion of investigation, the appellant was placed on trial for commission of the murder of Guti.

(3.) The prosecution examined ten witnesses in all of them, P.Ws. 1 to 4 are the eye-witnesses. Extra-judicial confession was alleged to have been made before P.Ws. 3, 7 and 8. The others are the doctor and Investigating Officer.