DWAN MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction recorded by the learned Ad hoc Additional Sessions Judge, Bonai in Sessions Trial No. 128/8/2001-2004. The appellant has been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') for committing murder of his brother Jagat Munda and nephew Arjun Munda and has been sentenced to imprisonment for life and fine of Rs. 1,000/-. Though he was charged for commission of offence under Section 307 of IPC for attempting to commit murder of P.W.2, he was acquitted of the said charge and was convicted for commission of offence under Section 324 of IPC and was sentenced to undergo imprisonment for two years.

(2.) From the F.I.R. and the evidence of the witness, it appears that P.W.2 is the wife of P.W.1 and she is also the daughter of Jagat Munda and sister of deceased Arjun Munda. It is alleged in the F.I.R. that on 7.10.2000 at about 7.30 P.M. there was a quarrel between the second wife of the appellant Lepai Munda (since dead) and the deceased Jagat Munda over some domestic affairs. Hearing such quarrel, the appellant came to of his house with an axe and assaulted Jagat Munda causing his instantaneous death while the said deceased was sitting on the verandah. Then the appellant entered into the house and assaulted Arjun Munda and caused his instantaneous death. P.W.2, who was cooking food in the kitchen, came out to rescue the deceased Arjuna Munda and she was also assaulted by the appellant by means of the said axe. Thereafter, the appellant fled away from the place. Soon after the occurrence, P.W.2 called the co-villagers and narrated he incident before them. On the same night at about 3 P.M., P.W.1 lodged the F.I.R. at Mohulapara Police Station and he case was registered. On completion of investigation, charge-sheet was submitted for commission of offence under Section 302 of IPC on the allegation of committing murder of Jagat Munda and Arjuna Munda. Charge sheet was also submitted for commission of offence under Section 307 for attempting to commit murder of P.W.2.

(3.) Prosecution examined thirteen witnesses and exhibited eighteen documents to prove the charge. Out of thirteen witnesses, P.W.1 is an eyewitness to the occurrence and is also the informant. P.W.2 was also examined as eyewitness to the occurrence. P.Ws.3, 4, 5 and 9 are co-villagers and are witnesses to secure and inquest of two dead bodies. P.W.6 is a Collection Mohair, who had demarcated the land under the instruction of the Tahasildar, Bonei P.W.7 is another seizure witness. P.W.8 is another daughter of the deceased Jagat Munda, who was examined as an eyewitness to the occurrence. P.W.10 is the Constable and a witness to seizure. P.Ws. 11 and 12 are the Investigating Officers. P.W. 13 is the Doctor, who conducted the postmortem. The appellant did not examine any witness on his behalf and his defence appears to be denial of the entire prosecution case.