LALMOHAN MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Appeal, the sole Appellant Lalmohan Munda has assailed his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) where he has been sentenced to undergo imprisonment for life for committing the murder of his brother Biseswar Munda by giving blows on his head by means a stone, by the learned Addl. Sessions Judge, Rairangpur in Sessions Trial Case No.6/25 of 2000 vide judgment dated 19.07.2000.

(2.) The case of the prosecution in brief is that the accusedappellant - Lalmohan Munda committed fratricide, as he made murderous assault of his brother - Biseswar Munda on 22.09.1999 at about 3.00 p.m. on the road leaving to village Chadheipahadi from village Jamudisahi. The prosecution further putforth that the appellant made an extra judicial confession before the villagers, especially P.Ws.4, 5 and 6 which led to lodging of the F.I.R. in Badampahad Police Station and the said F.I.R. was registered under Section 302 of the I.P.C. In course of investigation, the A.S.I. of Suleipat Out Post visited the spot, made inquest over the dead body of the deceased and seized a cycle and an umbrella and he also seized one stone, alleged to be the weapon of offence. Thereafter, the O.I.C. of Badampahad Police Station took up investigation of the case and in course of which he seized the wearing apparels of the deceased vide Ext.6. He also seized the blood stained earth, sample blood etc. and sent the material objects for chemical examination to the S.F.S.L., Rasulgarh through the learned S.D.J.M., Rairangpur and after completion of the investigation, he submitted charge sheet against the accused-appellant under Section 302 of the I.P.C. before the learned Court below.

(3.) The defence took a plea of complete denial and in his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for brevity) the accused-appellant stated that the informant has falsely implicated him in this case.