KATE MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 19.4.1995 passed by the learned Sessions Judge, Sundargarh, in Sessions Trial No. 66 of 1 994, convicting the appellant under Section 449/302/326 of the Indian Penal Code, in short, 'IPC', and sentencing him to undergo imprisonment for life under Section 302 IPC, rigorous imprisonment for ten years under Section 449 iPC, and rigorous imprisonment for seven years under Section 326 IPC; the sentences are to run concurrently.

(2.) THE prosecution story as unravelled during trial is as follows : One Jeta Munda of village Patabeda has reported at the Police Station that on 16.11.1993 the pig of Kate Munda entered into the mustard field of the informant and damaged the mustard crops. The wife of the informant drove the said pig away. The appellant, on the other hand, charged the informant's wife that she had killed the pig. At about 5.00 P.M. in the evening of the Sunday preceding the date of lodging the information at the police station; the wife of the informant Pitunu Munda, daughter Haiti, mother Resa Munda and his brother's wife were sitting in his house. At that time the appellant being armed with a Falsia forcibly entered into the said house and dealt blows indiscriminately on the head, face and hands of the informant's wife, as a result of which she sustained severe bleeding injuries on different parts of her body. The appellant also dealt a Falsia blow on the daughter of the informant, as a result of which she sustained bleeding injury on her person. The father and mother of the informant snatched away the Falsia from the hands of the appellant and thereafter he left the place. The matter was reported to the village chowkidar. Since he was suffering from fever, he directed the informant to furnish a report at the Police Station. The informant while going the police station by a truck met with an accident. Therefore, he could not reach the Police Station and returned to his house. On the following day, information was lodged at the Police Station, on the basis of which a case under Sections 450, 307 and 326, IPC was registered against the appellant. Upon the death of the informant's wife, it was termed into a case of causing homicidal death to her.

(3.) THE trial Court on the basis of the evidence recorded that the appellant was guilty of commission of murder of Pitunu Munda and sentenced him to undergo R.I. for life apart from other punishments.