Decided on April 17,1973

Tulugu Soura Alias Tumbugu Soura Appellant
STATE Respondents


ACHARYA - (1.) THE appellant stands convicted under Section 302, I. P. C. and has been sentenced thereunder to undergo R. I. for life. He is also convicted under Section 201, I. P. C. but no separate sentence has been awarded against him on this count.
(2.) THE alleged occurrence took place in the year 1952. The accused was arrested in connection with the case in December, 1969, and after commitment he was tried for charges under Sections 302 and 201, I. P. C. in the Court below, and is convicted and sentenced as stated above. The prosecution case is that on 9.1.1952 Hadia Soura, the deceased, drank the Salap liquor belonging to the accused. The accused therefore assaulted Hadia with an axe in the forest, as a result of which he died at the spot soon thereafter. After the death of Hadia, the accused took the dead body to a crevice in the near about hillock with the assistance of P. Ws. 5 and 6 who were working in their own fields in the vicinity. After placing the dead body in the crevice, the accused and P. Ws. 5 and 6 covered the same with stones. P. Ws. 5 and 6 state that they assisted the accused in the above mentioned act due to the threat held out to them by the accused. Later on, P. W. 3, a cousin of the deceased, while in search of the deceased, was informed by P. Ws. 5 and 6 that the accused killed the deceased and the accused with the help of P. Ws. 5 and 6 concealed the dead body in a crevice in the hillock. P. Ws. 5 and 6 thereafter took P. W. 3 to the hillock and showed him the place where the dead body had been concealed. Thereafter the matter was reported to the Karji. The Karji sent a report to the police which was treated as the F. I. R. (Ext. 3/4). The police came to the village and P. Ws. 5 and 6 took the Karji and the police to the place where the dead body was concealed. The police recovered the dead body and proceeded with the investigation. The accused could not be apprehended as he was found absconding from the village. In December, 1969 the accused was arrested and the commitment proceeding and the trial started thereafter.
(3.) THE accused in his Section 342 statement has completely denied the prosecution case in all its aspects. Both in the committing Court as also in the trial Court he has completely denied the prosecution allegation that he was absconding from the village after the occurrence. To this effect he has stated that he was staying in his maternal grandfather's house.;

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