SUNNU MUDULI Vs. EMPEROR

JUDGEMENT

(1.) The appellant Sunnu Muduli has been convicted by the Additional Sessions Judge of Koraput Jeypore under Section 302, Indian Penal Code and sentenced to transportation for life for the murder of one Gulang Sisa on 25-3\-1945. The appellant and all the witnesses are Banda Prajas (hill tribesman) who come either from the village of Andrahal or its two hamlets at Jamuguda and Jigidiguda. Jamuguda, where the appellant lived, is one mile from Andrahal, the village of the deceased, and two miles from Jigidiguda.

(2.) The case for the prosecution was that on Sunday, evening, 25-3-1945, the deceased Gulang Sisa and Mangala Sisa, son of Guru Sisa (p.w. 10) came to a Salap tree on the Outskirts of Andhrahal and drank Salap there. It appears from the evidence of the Doctor (P.W. 3) that Salap is an extremely intoxicating liquor. Mangala Sisa, son of Guru Sisa then went away, and the deceased, thereafter, towards the evening, went in the direction of Jamuguda. On the way he met his wife's brother, another Mangala Sisa, son of Buda Sisa, and together they both came to Jamuguda to the house of yet a third Mangala Sisa (P.W. 8) son of Sonia Sisa. The deceased requested Mangala Sisa son of Sonia Sisa to let him have a she-pig on share system and, with the latter's agreement, he went to get a she pig and was proceeding back towards Andrahal when he met the appellant. By this time it was nightfall, and the appellant questioned his right to take a pig away from the village at night. The deceased resented the appellant's interference and they quarrelled. Each gave the other one or more slaps and then they struggled and fell to the ground. One Guru Muduli (P.W. 11) and Mangala Sisa (P.W. 9) son of Buda Sisa came up and separated them. The appellant went off to his house and Guru Muduli and Mangala Sisa son of Buda Sisa took the deceased with them to a jack tree on the road to Andrahal, about 50 yards from the house of Lachmi Muduli. Some time later, a cry was heard from the deceased from the direction of Lachmi Muduli's house to the effect that he had been stabbed by the appellant. Mangala Sisa son of Guru Sisa (P.W. 10) heard the deceased cry and went to him. He found the deceased lying in front of Lachmi Muduli's house with a bleeding wound in his stomach, from which the intestines were emerging. The appellant was not there, and the deceased told him that the appellant had stabbed him with a knife, because, as the appellant had said, he was drinking salap from his tree. Mangala Sisa son of Sonai Sisa then went along to the road and called to the deceased's father (P.W. 7) who came to the scene of occurrence with his wife. The deceased told his father that it was the appellant who had stabbed him with a knife accusing him of having drunk salap from his tree. The deceased was not removed from the spot, and in the morning a pancbayat was held at which the deceased told the panchas that it was the appellant who had stabbed him.

(3.) The first information was lodged by the deceased's father at 11-30 A.M. on 27-3-1945. In that information P.W. 7 repeated what his son had told him, but he did not say anything about the previous incident in regard to the she-pig. Instead, he said that the deceased had told him that after having taken salap with Mangala Sisa son of Guru Sisa, he had gone to chew tobacco at the house of another uncle, Mangala Sisa of Jamuguda, but, after chewing tobacco there and while he was returning, the appellant called him and asked him why he had drunk salap from his tree. The deceased said, he denied having done so, and, that, on this, Sunnu Muduli, the appellant, taking hold of the knife came and stabbed him in the stomach and fled away. The Sub-Inspector proceeded to the spot, where he arrived in the afternoon of 28 of March. He found the dead body still lying in front of Lachmi Muduli's house with a gaping wound in the stomach and intestines bulging out. He found that the appellant was not in his house, but after information received he arrested him at Jigidiguda in the house of his uncle, Lachmi Muduli, at 5 P.M. on 29-3-1945. After arrest, he searched the body of the appellant and, in the course of search, the appellant produced a knife from his loin. The appellant was taken to the police station, and on 2-4-1945, he was sent to a Magistrate to have his confessions recorded. The Magistrate (P.W. 1) cautioned him and sent him to the sub-jail. The appellant was again produced before the Magistrate on 3-4-1945, and again cautioned, and as he still wanted to make a confession, the Magistrate duly recorded it. In that confession the appellant stated: On the night of 25-3-45 the deceased Gulanga Sisa was taking away the pig of Mangala Sisa. I saw it and asked who it is that is come to take away the pig of Mangla Sisa at night. The deceased Gulanga Sisa got angry and said "Have you become great that you are giving order." Saying this he struck me with a stick. Being struck I fell down. After I fell down he kicked me. I cried out and Guru Muduli came and said that it was not good to quarrel and took away the deceased Gulanga. Thereafter I came home and was sharpening my knife to out bamboos. At that time I saw the deceased Gulanga coming from my back. Tearing that ha would kill me I got up and stabbed him with my knife in his belly. Having received the stroke he fell down. Out of fear I fled to the jungle and concealed myself. On Wednesday I went from the jungle to the house of my uncle Lachmi Muduli at Jigidiguda. The police arrested me in that village. I had told Lachmi Muduli that I had stabbed the deceased.