BISUNU MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 03.03.2006 passed by learned Ad -hoc Additional Sessions Judge (F.T.C.), Champua in S.T. No.20/203 of 2005 -04.

(2.) THE appellant has been convicted for commission of offence under Section 302, I.P.C. for committing murder of deceased Kita Munda, wife of P.W.1 and has been sentenced to undergo imprisonment for life. He has further been convicted for offence under Section 307, I.P.C. for attempting to cause death of P.W.1 Rekanda Munda and has been sentenced to imprisonment for five yearsthereunder. However, both the sentences have been directed to run concurrently.

(3.) THE case of the prosecution, as revealed from the evidence of witnesses as well as the F.I.R., is that on the date of occurrence P.W.1, the injured and his wife Kita Munda (deceased) visited the house of the appellant Bisunu Munda to discuss about the Sudhi Kriya of the wife of the appellant. Other villagers, such as Chhotu Naik, Mangulu Munda (P.W.7), Dina Munda, Budha Munda, etc. were also present in the house of the appellant. P.W.1 in the midst of discussion left for his house for some personal work leaving behind his wife in the house of the appellant. After returning to the house of the appellant few minutes later, he found the villagers present along with his wife and they were discussing about finalizing the date on which the Sudhi Kriya was to be observed. During such discussion, suddenly the appellant assaulted the deceased by means of an axe and dealt two blows on her head, as a result of which she fell down on the ground in the open courtyard of the appellant. The villagers started running away from the spot and the appellant also made an attempt to assault P.W.1. P.W.1 could catch hold of the axe, but despite that he sustained injury on his back. Thereafter the appellant ran away from the place towards the nearby jungle. P.W.1 informed about the incident to P.W.2, who was the Ward Member at the relevant time, and on information being given to the police, a short while after the incident the police arrived at the spot. P.W.1 narrated the incident before the police, which was reduced to writing and the same was treated as F.I.R. Investigation was taken up and on completion of the investigation, charge -sheet was filed against the appellant for commission of offence under Sections 302/307, I.P.C. and the appellant also faced trial for commission of the said offence.