BHANJA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal of a prisoner to set aside the judgment and order dated 30.10.1998 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No.110 of 1996 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) CASE of the prosecution, as revealed from the FIR, is that on 04.02.1996 at about 11.00 PM appellant took the deceased from her house saying that she was required by the Ward Member. As for a pretty long time she did not return home, her son Laxman Munda (P.W.9 the informant) and her daughter went in search of her towards the house of the Ward Member but to their utter surprise they found her lying dead in front of the house of one Birsingh Munda. There was cut injury on the neck of the deceased and the dead body was lying in a pool of blood. Seeing this, the informant and his sister returned home and intimated the same to the villagers. On the following day, the informant went to the house of the appellant to know the real cause of the incident and learnt from his wife that aftercommitting the murder the appellant had left the house. The informant thenapproached the Grama Rakhi and with his help went to K. Balang Police Stationwhere his oral report was reduced to writing by Sub-Inspector of Police in-chargeof the police station. On the basis of the said information, the case was registered,investigation taken up and after its closure charge-sheet was laid against theappellant under Section 302, IPC.