BINDER MUNDA Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the judgment and order of the learned Sessions Judge, Sundargarh convicting the appellant under S. 302, IPC and sentencing him to imprisonment for life.

(2.) The deceased is the son of the appellant through his first wife, on whose death the appellant married a second wife through whom two sons and one daughter were born and they are living in the same compound. It is alleged that there was some dissension between the appellant and the deceased, as the appellant did not pay the Pana money to the father of the wife of the deceased, promised to be given at the time of the marriage, which system was customary in the community to which the parties belonged. The occurrence took place on the night of 2-4-87 inside the residential compound of the parties. it is alleged that the appellant assaulted the deceased by means of a Falsia causing severe injury on his neck resulting in his death. Information was lodged by P.W. 1, the younger brother of the deceased as also the son of the appellant at Koida P.S. in Sundargarh district. P.W. 6, the Officer-in-charge, Koida P.S. recorded the FIR Ext. 7 registered a case against the appellant and took up investigation. In course of investigation he held inquest over the dead body of the deceased, sent the dead body for post-mortem examination, made seizure of the weapon of offence, M.O.I. and wearing apparel of the appellant and the deceased, took steps for dispatch of the incriminating articles for scientific test and on completion of investigation submitted charge-sheet against the appellant. The appellant being committed to the Court of session stood his trial for the offence of murder of the deceased and was eventually found guilty of the offence of murder and convicted and sentenced thereunder.

(3.) The plea of the appellant at the trial was one of total denial of his complicity in the crime.