DEBEN @ DEBENDRA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 28.10.2001 passed by learned Adhoc Addl. Sessions Judge (F.T.C.), Baripada in S.T. No.29/74 of 2005, convicting both the appellants for offence under Sections 302/34, I.P.C. and sentencing each of them to sufferimprisonment for life and to pay fine of Rs.5,000/ - (five thousand) each, in default, to suffer imprisonment for a further period of six months each.

(2.) THE occurrence happened on 31.10.2004(Sunday), at about 6.30 P.M. when deceased Kala Moharana and his brother Niranjan Moharana (P.W.9) were returning to their village in two separate bicycles from Angarpada Hata (weekly market). Near the spot, both the appellants, who had ambushed themselves, suddenly came over and mounted assaults on both deceased and P.W.9. While appellant no.1 Deben @ Debendra Munda assaulted the deceased Kala Moharana with a Bhala (M.O. -I) held by him, appellant no.2 Sunaram Munda assaulted P.W.9 by a 'Thenga'. Throwing the bicycle there, P.W.9 ran for his safety and looking back from a distance, found both the appellants assaulting the deceased. He informed the matter to the villagers including the daughters of the deceased namely, Nilandri Moharana (P.W.3) and Surubudi Moharana (P.W.5) and also the Grama Rakhi namely Karna Bindhani (P.W.2). The villagers coming over the spot, found the deceased lying dead with injuries on his body. P.W.9 lodged report at the police station on the same day. On completion of investigation by P.W.14 in part and then by P.W.15 in part, P.W.15 submitted charge -sheet implicating the appellants under Section 302/34, I.P.C.

(3.) PROSECUTION has examined 14 witnesses including the witnesses introduced supra in the preceding paragraph. Besides the aforesaid witnesses P.W.11 is the Medical Officer, who had conducted the autopsy and P.W.10 is the Medical Officer, who had examined P.W.9 on police requisition. The defence plea is one of complete denial, but none has been examined by the defence.