MURGI MUNDA Vs. EMPEROR

JUDGEMENT

(1.) This is a reference under Section 374, Criminal P.C., by the Judicial Commissioner of Chota Nagpur, for confirmation of the sentences of death passed on Murgi Munda (aged 25) and Gangu Munda (aged 24), both of village Kurunga, for the murder of Gansa Munda (aged 20) of village Keora, six miles from Kurunga. On the occasion of the last Sarhul festival, i.e. on 8 April 1938, there was a village dance held on a hill adjacent to village Behonda. In the evening this dance was continued at the akhara of the village. As appears to be customary in that part of the country, it was attended only by the young people of the village, the elders being engaged in entertaining each other at their homes. Many of the young girls, who were present at the dance at the akhara have been examined as witnesses in this case, and from their evidence it appears that among the young men who were present were two accused and the deceased Gansa Munda. At some time in the evening Gansa Munda left the akhara, and after an interval of time not specified, two girls Randai (P. W. 3) and Gangi (P. W. 4) also left, for the purpose of going to their respective homes to have their evening meal. On their way they met Gansa, who proposed to Bandai that he should go to her home and smoke.

(2.) She told him that there was no tobacco left, and eventually she and he went off together to the Jojohansa jungle. For what happened after that we have only the statement of Randai supported by circumstantial evidence. Before dealing with this statement and the evidence it is desirable to make a few observations with regard to the parties concerned. The witnesses in this case are Mundas, and they have spoken with extreme candour about a custom which prevails in their community. It appears that it is customary for unmarried girls to cohabit with unmarried men and that the only obligation this entails is that the man is expected to marry any girl who becomes pregnant by him. In village Behonda the scene of these matings is Jojohansa jungle, which lies a few hundred yards outside the village. Gansa Munda, the deceased, was the brother of the daughter-in-law of Gharan Munda (P. W. 1), the Munda of village Behonda. Previously he used to work for the Munda. While he was so employed he carried on a love intrigue with Randai of the same village. Two years ago Gansa Munda left Behonda and took up his residence at village Keora. From that time Bandai transferred her favours to Murgi Munda, the accused; but she has deposed that Gansa Munda was in the habit of visiting the village and that whenever he did so she used to cohabit with him in the jungle.

(3.) I will now revert to Randai's account of what happened on the evening of 8th April when she and Gansa went to the jungle. She said that by the side of a footpath under a char tree Gansa prepared a bed of leaves and twigs and that thereupon they had sexual intercourse. After that they fell asleep in each other's arms. Later in the night, she awoke to find Murgi pulling her away from Gansa. He slapped her and kicked her. She noticed that the accused Gangu Munda was at this time engaged in pressing the neck of Gansa Munda with his hands. After pulling Bandai away from Gansa, Murgi Munda then picked up a large stone and struck Gansa's head with it three or four times with the result that he died. The two assailants then took the girl some little distance away and under pain of death extracted from her an undertaking that she would disclose to no one what she had seen. The two men then tied Gansa's body with his own cloth to a branch of a tree, which was found lying near by and carried him to the field of Balga which was partly under water. There they buried the body while the girl sat on the ridge of the field looking on. After this the two men washed their hands and feet in a water channel and Gangu set off in the direction of Behonda and Murgi towards his house with the girl. Murgi carried the pole for a part of the way but threw it away at Karipiritanr.