DHENKA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order convicting the appellant under section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 26-6-1986 the appellant Dhenka Munda returned to his house at Kalupara from Balpahar Refractory where he was working sometime after evening and after taking dinner with other inmates consisting of his second wife Chandni Oram (the deceased), his father and his first wife and her children retired to bed. While the first wife with her children slept in one room of the house, the father slept on the verandah and the appellant and the deceased slept in another room. It is alleged that since the appellant was suspecting the questionable character of the deceased there ensued a quarrel between them sometime in the midnight where after the appellant dragged the deceased to the inner court-yard and then lifted her to the fuel shed where he killed her by severing her head from the trunk with a Tabli (M.O.III). Thereafter, the appellant took the severed head and M.O.III to the Belpahar Police Station covering a distance of about 2 K.Ms. and produced them before the Sub-inspector of Police saying that he killed his second wife with that Tabli and that the severed head was of her. On those statements, Station Diary Entry No. 205 dated 27-06-86 (Ext.20) was made at 1.45A.M. The Sub-Inspector drew up the plain paper F.I.R. (Ext. 11) at 2.30 A.M. on his own information and then, on returning to the Police Station, drew up the formal F.I.R. (Ext. 11/1) at 4 A.M. of that night.

(3.) In course of investigation the wearing apparels of the appellant, namely, Lungi (M.O.IV) and the Banian (M.O.V.) and the wearing apparels of the deceased namely, the Saree (M.O.I.) and the Saya (M.O.II) were seized. In the following morning, inquest was held separately over the head and trunk of the deceased in presence of witnesses. The trunk and severed head of the deceased were sent to the Sub Divisional Hospital, Jharsuguda where Dr. Anadi Charan Mishra (F.W.7) conducted the autopsy. The wearing apparels of the appellant and the deceased and also the Tabli (M.O.III) were forwarded to the Director, Forensic Science Laboratory, Resulgarh through the Sub- Divisional Judicial Magistrate, Jharsuguda for examination. The report of the Chemical Examiner is Ext 18 and the SerologistTs report is Ext. 19. Statements of the first wife and father of the appellant under Section 164 Cr. P.C. were recorded (wide Ext. 2 and Ext. 21). After completion of investigation, charge-sheet was submitted against the accused under Section 302 I.P.C.