JANA MUNDA Vs. STATE

JUDGEMENT

(1.) THIS is a prisoner's appeal presented through the Superintendent of Jail against his conviction under Section 302, I.P.C. and the sentence of imprisonment for life.

(2.) PROSECUTION case runs thus : The appellant is a bachelor. He was living jointly with his mother Chami Bewa (P.W. 6) and his sister's daughter Bela Dei. His brothers Hadibandhu Munda and Routa Munda (P.W. 2) were living separate from him. Bela Dei was found to be pregnant although she was unmarried. The villagers suspected the appellant to be the author of her pregnancy and convened a panchayat meeting on 7 -9 -77 evening. While the meeting was being held, the appellant returned from his field with an axe in his hand and dealt a blow on the head of Bela Dei as a result of which she fell down unconscious with an injury on her head. P.W. 2 lodged information at Kaliahata Out Post on the basis of which a station diary entry was made - vide Ext. 2. The appellant was produced at the police station alone with the axe M. O. I. The A. S. I. of the Out Post proceeded to the spot and examined the witnesses. Then the O. I. C. of the Telkoi Police Station took charge of investigation and in due course submitted charge -sheet against the appellant.

(3.) IN order to establish the charge, prosecution examined 13 witnesses and on a consideration of the same the trial court held the appellant guilty and inflicted the sentence as indicated above. Mr. Subas Das, the learned counsel appearing amicus curiae for the defence contended that the order of conviction is not supportable on the evidence on record.