PARSU MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) LEARNED trial court found the appellant and his brother Soma Munda guilty of offence under section 302/34 I.P.C. and sentenced each of them there under to suffer imprisonment for life. The judgment and order of sentence passed by learned Sessions Judge, Sundargarh in S.T. No.13 of 1997 is impugned in this appeal.

(2.) THE occurrence happened at about 11.00 P.M. in the night of 23.9.1996 in the house of deceased Saranga Munda. THE prosecution case as revealed from the record is that at the relevant time deceased Saranga Munda and his wife (P.W.7) were sleeping on the verandah of their house. Both the convicts, the present appellant and his brother Soma Munda (who according to the report from the offence has not preferred any appeal) entered inside the house breaking open the door. THE present appellant Parsu Munda gave two to three staps on the cheek of the deceased Saranga Munda and Co-convict Soma Munda gave blow to the chest of the deceased by a knife. It is further alleged that after such assault both the convicts pushed the deceased inside the house and fled away from the spit. On the basis of the report lodged by Birju Munda (P.W.1), who happens to be the son of the deceased, the present case was registered and P.W.11 took up investigation, who on completion of investigation filed charge-sheet implicating the present appellant and his brother Soma Munda in offence under Section 302/34. I.P.C.