SURENDRA MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant is a life convict. He has preferred the appeal against the judgment of the learned Additional Sessions Judge, Fast Track Court, Rourkela passed in Sessions Trial Case No.118/62 of 2009 convicting and sentencing him for life along with fine of Rs.2000.00 for commission of offence under Sec. 302 of the Indian Penal Code (for short 'the I.P.C.').

(2.) One Gumuni Patra is the elder sister of the deceased Dhabaleswar Patra and staying in the house of the deceased in village Sihsadihi under Banei Police Station. On 12/1/2009 in the afternoon Gumuni and the Appellant were quarreling in front of the house of the deceased. During quarrel, the Appellant fell down as he had drunken at that time and sustained injuries. Then out of anger he went inside his house and brought out an axe (budia). Seeing this, Gumuni ran into the house of the deceased to save her life and the Appellant chased her. Inside the house of the deceased the Appellant could not find Gumuni, but saw the deceased sitting on a cot. The Appellant without finding Gumuni assaulted on the head and neck of the deceased by means of the axe saying as to why he kept his sister in his house who is regularly quarreling with him. He dealt 3-4 blows on the head and neck of the deceased. As a result of the assault, the deceased got severely injured and as other witnesses rushed hearing the shout, the Appellant fled away. The deceased was shifted to the hospital and while undergoing treatment he succumbed to the injuries after one month, i.e. on 11/2/2009.

(3.) F.I.R. was lodged by the wife of the deceased on the same day of occurrence, i.e. on 12/1/2009 at about 8.15 PM which was registered as Bonai P.S. Case No.2 dtd. 12/1/2009, initially for commission of offence under Sec. 307 of I.P.C. and turned to a case of murder upon death of the deceased subsequently.