DIBRU MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order dated 11.11.1993 passed by the Sessions Judge, Keonjhar, in S.T. Case No. 76 of 1991 thereby convicting the appellant under Section 302, I.P.C. and sentencing him thereunder to undergo Imprisonment for Life.

(2.) The case of the prosecution is as follows : The accused-appellant and Nathu Munda, the deceased, were agnatic brothers. They belong to tribal area living in interior place under Nayakote Police Station in the district of Keonjhar. They were living separately in their houses at Gunia Sahi, a hamlet of village Podadihi. There were two pumpkin trees near their houses. Quarrel started between the two regarding sharing of pumpkins. During the course of quarrel, the accused being enraged went inside his house and came out with a bow and arrow and shot an arrow at the deceased which pierced inside the belly of the deceased, who fell down. Efforts were made to put the arrow out of the belly, but in that process the wooden portion of the arrow broke and the iron portion remained inside. While the deceased was carried to the hospital, the deceased succumbed to the injury near village Dudhaposi. P.W. 1, Chemuru Chaudhury, a co-villager, lodged oral information about the occurrence at Bansapal Out Post under Nayakote P.S. The same was reduced into writing by the I.O. (P.W. 6). The contents of the complaint were read over and explained to P.W. 1, who having understood the same put his L.T.I. P.W. 6 treated the report as F.I.R. and took up investigation. The dead body was taken to the hospital where post-mortem was conducted and the Doctor (P.W. 4) gave his opinion as to the cause of death of the deceased. After completion of investigation, the I.O. submitted charge sheet under Section 302, I.P.C. The learned Magistrate after going through the case diary and the materials obtained during investigation found the case to be one under Section 302, I.P.C. and accordingly committed the case to the Court of Session. The learned Sessions Judge, Keonjhar, took cognisance of the offence and framed charge under Section 302, I.P.C. against the accused. The charge being read over and explained to the accused, he denied the same. Accordingly, evidence was led in.

(3.) On behalf of the Prosecution, 7 witnesses were examined. P.W. 1 is Chamuru Chaudhury; P.W. 2 is Muni alias Sambari Munda; P.W. 3 is Arjuna Sethi; P.W. 4 is Dr. Karunakar Sahu ; P.W. 5 is Madan Mohan Patra ; P.W. 6 is Sarat Chandra Mohanty and P.W. 7 is Padmalochan Jaipuria. Exts. 1 to 12 were marked for the prosecution. Ext. 1 is the seizure-list showing seizure of broken piece of arrow ; sample earth and blood-stained earth. Ext. 2 is the Inquest report of the doctor (P.W. 4) to the query by the police. Ext. 5 is the seizure-list showing seizure of bow. Ext. 6 is the F.I.R. Ext. 7 is the Station Diary Entry. Ext. 8 is the command certificate. Ext. 9 is the dead body challan. Ext. 10 is the spot-map. Ext. 11 is the seizure-list showing seizure of broken piece of arrow and the wearing apparels of the deceased. Ext. 12 is the report of the Serologist. M.O.I. is the tail (wooden) portion of the arrow. M.O. II is the iron portion of the arrow. M.O. III is the bow. M.O. IV is the blood-stained Lungi and M.O. V is the bloodstained shirt.