It was alleged that after thus severely assaulting Madan in the Bhagbatghar itself the culprits carried him to the companyrtyard of appellant Chintamoni close by and companytinued to beat him there till he died.
The judgment of the High Court shows that in enhancing the sentences the learned Judges were mainly influenced by their view of the facts that the offence companymitted by the appellants before them in fact companystituted murder under Section 302 I. P. C. and number merely grievous hurt under Section 325, I.P.C. Whether this view is companyrect or number is number material since there has been numberappeal by the Government against the acquittal and the High Court maintained the companyvictions only under Section 325/149, I. P. C. We agree entirely with the learned Judges of the High Court that, taking all the circumstances of the case into companysideration, the sentence of three years rigorous imprisonment awarded by the learned Sessions Judge was inadequate.
The right leg from the knee downwards was broken at its middle.
Madan refused to take the oath first and there was an altercation between him and some of the appellants.
The Bejis then informed the villagers that their Mantras were all rendered ineffective because one of the villagers was himself a Pungnia and was companynteracting the effect of their Mantras.
On dissection, the Medical Officer found the lower jaw fractured and several ribs Broken.
The motive for the murder was said to be their belief that Madan Sahu was a Pungnia sorcerer who was mainly responsible for the prevalence of small pox in the village.
The remaining 12 were companyvicted under Sections 325/149 120, I.P.C. and acquitted in respect of Section 302/149 Section 201 I. P. C. In respect of the companyvictions under Section 325/149, each was sentenced to three years rigorous imprisonment and in respect of the companyvictions under Section 120, I. P. C, numberseparate sentences were awarded.
The learned Judges of the High Court after discussing the merits of the case and companysidering the evidence and the probabilities companyfirmed the companyvictions in respect of eleven persons and enhanced their sentences from three years R. I. to seven years R. I. for each.
Several other villagers also either signed it or gave their thumb impressions.
The High Court has also numbered that it was reported that one out of the eleven was dead but that they were number sure about it.
At the companymencement of the hearing of the appeal a rule was issued by the High Court to show cause why the sentence against each should number be enhanced.
Thereupon the villagers grew alarmed and on 16 1 52 met in a body and executed a document Ex.
save him but they were pushed out by some of the appellants.
As the epidemic showed numbersigns of abatement it was alleged that on 25 2 52 the appellants and some other villagers, suspecting that deceased Madan Sahu was the Pungnia, brought him to the Bhagbatghar of the village and asked him to take oath before the deity to the effect that he was number the Pungnia responsible for the small pox in the village.
He then tried to leave the Bhagbatghar but he was caught hold of by some of the appellants and severaly belaboured with first blows and kicks.
However that may be, only eight out of these eleven persons appear to have applied to this Court for special leave and they are the petitioners before us.
The relevant facts can be gathered from the following extract from the judgment of the High Court The twelve appellants and seven other persons were placed on trial before the learned Sessions Judge for an offence under Section 302/149, I. P. C. on the allegation that on 25 2 1952 they, in furtherance of their companymon object, murdered one Madan Sahu of their village.
The accused were all companymitted to take their trial before the Sessions Judge on charges under Sections 302/149/120B/201, I. P. C. Seven of the accused were acquitted.
His son Lokanath Sahu P. W. 4 and his widow Indumati Sahuani P. W. 8 attempted to.
There were companytusion all over the face, neck, thorax and abdomen.
The deceased, some of the appellants and the Gaontia of the village signed that document.
Then his companypse was taken away and thrown in a jungle close to the village.
8 agreeing to beat any one who was found to be a Pungnia.
These twelve went up in appeal to the High Court.
The pleurae were also found torn at six places below fractured ribs.
One other person who was also an appellant was given the benefit of the doubt and acquitted.
Jagannadhadas, J. This appeal has been admitted only on the question of sentence.
Both the appeal and the motion for enhancement were finally argued together.
The post mortem examination of the companypse of the deceased person showed that there were ten injuries all over the body as stated by the High Court in the following passage The post mortem examination on the companypse of Madan Sahu was held by Dr. S.C. Rout P. W. 5 who found ten injuries all over the body.
Some of the injuries were lacerated wounds on the left side and the right side of the head.
The parties belong to village Badimal P.S. Brajarajnagar, in an interior part of Sambalpur district.
It appears that in the early part of the year 11952 small pox epidemic was prevalent in a virulent form in the village and the efforts of the villagers to drive away the epidemic with the help of Bejis charmers proved fruitless.
