ALPHUS MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment in Criminal Appeal No. 77/93 shall also govern disposal of other two analogous appeals, viz. Criminal Appeal No. 96(J)/93 and 97(J)/93, arising out of the same judgment, as challenged in Appeal No. 77/93. All these appears are directed against judgment dated 30.3.93 delivered by Addl. Sessions Judge, Tezpur in Sessions Case No. 48 (S)/90, thereby holding the appellants guilty of offence punishable u/s 302/34 IPC and under Section 201/34 IPC and sentencing them to undergo imprisonment for life. A separate sentence has been passed for offence u/s 201/34 IPC.

(2.) The accused as well as the witnesses are all tea-garden labourers from Tezpur working in Kacharigaon Tea Estate. The deceased were also tea-garden labourers. The unfortunate incident which resulted in loss of two human lives has its roots in the deeply ingrained superstitious belief of the labourers that the deceased indulged black magic and practised, witchcraft which resulted in untimely deaths of several young innocent babies. This belief brought them together. There is indication in the prosecution evidence that meetings were hald to find out ways to overcome the menace of witchcraft.

(3.) Ultimately on the fateful day, the labourers residing in the 'lines' gathered in their hundreds, pulled out the deceased Puni Munda and her son Joseph Munda, from their house and buried them after giving a good thrashing. Initially a missing report was lodged by Sumi Munda on 11.2.90. which was enquired into by the I.G., P.W.-10, but as he could not make any headway he returned to the polite station. Next day morning, P.W.-7 Sumi Munda lodged an Ejahar Ext. 7. On the basis of which a case u/s 447/302/201/34 IPC was registered and investigated by I.O., P.W.-10. During investigation all the four accused were forwarded for recording of their statements u/s 164 Cr. P.C. It was accordingly done by the Magistrate P.W.-11. On completion of investigation the accused were charged and tried for the offence. They pleaded not guilty to the charge and retracted from their confession. The trial Court however found them guilty and sentenced them as noted, hence these appeals.