BESRA MUNDA Vs. STATE

JUDGEMENT

(1.) THE judgment/order of conviction under Section 302, I.P.C. and sentence to undergo imprisonment for life passed by the learned Sessions Judge, Dhenkanal in S.T. No. 90 -D of 1986 on 15.12.1989 is under challenge in this appeal.

(2.) THE brevity of the prosecution story as presented in course of trial is as follows : Three months preceding the occurrence there was a dispute between one Michhu, Gopie, Charan Hansada on one hand and Ghana Purty on the other who were helpers in a truck in Kathapala Mining Area. Since then there was no love -lost between the two groups. On 18.3.88 at the time of sun -set there was a severe brawl at Kathapal Weekly market between the appellant and his associates (since acquitted) and Ghana Purty (P.W.16) along with Govinda for which the accused Laxman Tiria dissuaded them from quarrelling. At this moment it is further stated that appellant Besra Munda gave a blow with a wooden pole "Mugura" on the head of deceased Laxman Tiria and thereafter all other accused persons assaulted him with lathis as a result of which he became unconscious and thereafter he was shifted to Birasal P.H.C. and on the following day he was taken to Kamakhyanagar Hospital where he collapsed. P.W.16, Ghana Purty lodged F.I.R. at Kamakhyanagar Police Station after which the police investigated into the case, held inquest over the dead body of the deceased, arranged to despatch the dead body for post mortem examination. The police also seized some lathis from the house of appellant Besra Munda and after completion of investigation charge -sheet was placed in the Court against the appellant and other accused persons (since acquitted).

(3.) THE trial Court while recording the order of conviction against the appellant had relied upon the evidence of eye -witnesses, namely, P.Ws. 2,5,8,9,11 and 16 apart from other official witnesses and seizure witnesses. So far as the nature of death of Laxman Tiria is concerned there has been no challenge by the appellant. From the evidence of P.W.1. a Lady Asst. -Surgeon of Kamakhyanagar Subdivisional Hospital, who conducted the post mortem examination over the dead body of the deceased, it has revealed that the deceased had received four external injuries corresponding to other 8 internal injuries out of which internal injury Nos. 2 and 3 corresponding to external injury No. 4 were sufficient in ordinary course of nature to cause death. Ext.3/1 was the post mortem report proved by P.W.1.