NARADA MUNDA Vs. STATE OF ORRISA

JUDGEMENT

(1.) The Appellant assails his conviction under Section 302 of the Indian Penal Code, 1860, hereinafter referred as "I.P.C." for brevity, in Sessions Trial Case No. 52 of 1997 of the Court of Sessions Judge, Keonjhar.

(2.) Bereft of unnecessary details, the prosecution case is that in the night of 22.10.1996, the accused armed with a Tangia came to the house of Gania Munda and by standing in front of his house called him to come out. While Gania Munda came out of his house, the accused dealt a blow by means of the Tangia on the back of his head. As a result of the assault, Gania Munda fell down and died. At that time Gurubari Munda, wife of Gania Munda, raised alarm. The accused then threw the Tangia there and ran away. Thereafter, Gurubari Munda reported the matter to her nephew Mahendra Munda, who came and saw the dead body of Gania Munda and then went to the Grama Rakhi. The fact was thereafter reported by Mahendra Munda and Baneswar Munda at Nayakote Police Station on 23.10.1996. On such F.I.R., the investigation was conducted by the Officer In-charge of that Police Station and on completion of investigation, he submitted charge-sheet against the accused.

(3.) The accused took the plea of complete denial and alternative pleaded that at times he losses balance of his mind and behaves irrationally.