BASU MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a case of nepoticide. The sole appellant has been convicted by the learned Sessions Judge, Keonjhar for the offence under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred as 'the Penal Code', for brevity) for having committing murder of his own nephew in the night intervening 14/15/7/1997. His conviction and sentence to undergo imprisonment for life passed by the learned Session Judge, Keonjhar in Sessions Trial Case No.3 of 1998 on 14/12/2001 are assailed in this appeal.

(2.) The case of the prosecution, in short, is that the appellant and father of the deceased happen to be brothers. They reside in separate houses but in the same village. On 14/7/1997 evening, apprehending danger from the villagers, the appellant came to the house of his elder brother and requested to stay there. He was served with a dinner. He, the deceased and younger sister of the deceased, namely, Surubali Munda, a young girl aged about 4 years, at that time, slept in the kitchen of the house of the informant. On the next morning, P.W.1, mother of the deceased, Smt. Raimani Munda, knocked the door of the kitchen but the appellant did not open the door. He gave out that he has committed murder of her son Dabar Munda and will also kill anybody, who will try to enter into the kitchen. Then neighbours were called, report was lodged before the A.S.I. of Police, Suakati Out-post, who made a S.D. entry and took up preliminary investigation by sending the report to the O.I.C., Sadar Police Station, Keonjhar for registration of the F.I.R. He proceeded to the spot, arrested the appellant, and examined the witnesses and handed over the investigation to the C.I., S.K. Mahanty. The latter on completion of investigation, submitted charge sheet against the appellant.

(3.) The defence took the plea of denial of offence of murder but in his statement under Sec. 313 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code', for brevity) he admitted that he slept inside the kitchen of that house in the relevant night along with the deceased Dabar Munda, but he denied to have committed murder of the deceased.