RATI MUDULI Vs. STATE

JUDGEMENT

(1.) The appellant (also described as 'accused' hereinafter) convicted under Sec. 302 of the Indian Penal Code, 1860 (in short, 'IPC') for intentionally causing death of one Pandaka Jani and under Sec. 324, IPC for causing hurt to one Munara Jani questions legality of judgment of conviction and sentence passed by the learned Additional Sessions Judge, Jeypore camp at Nowrangpur, by a petition sent from Jail to this Court.

(2.) The background facts depicted by the prosecution are to the following effect: On 20.1.1986 at about 4 p.m. the deceased and his wife returned home from Nowrangpur. Some time after their return, the accused came to the house of the deceased and enquired as to where he had gone. The deceased replied that he had gone to the shandy to purchase clothes. The accused apparently was not satisfied with the reply, suspected that the deceased might have sold away lands belonging to him and left the house giving a threat to teach him a lesson. At about 7 p.m. the deceased went to warm himself by fire in front of the house of one Musku Jani (PW 2). Some other villagers including Mundra Jani (PW 3), Baru Jani (PW 4) and Ganga Jani (PW 5) were also present. The accused came there, borrowed a cigar from the deceased, smoked two puffs of it, returned to the deceased and left. Immediately thereafter he came back with the pounding rod (MO I) and suddenly struck it on the head of the deceased as a result of which the deceased fell down and died at once. The accused also dealt another blow on the head of PW 3 and the latter also fell down. The other persons present ran away in dismay and the accused threw away the weapon and ran way into the jungle. The inmates of the deceased's house and PW3's house came to the spot hearing the incident. First information-report was lodged by PW 1 around 3.20 p.m. at Tentuli Khunti Police Station. After investigation charge-sheet was submitted under Secs. 302/307, IPC.

(3.) The accused pleaded not guilty to the charges by nodding his head, and made no answer to the questions put to him while he was examined under Sec. 313 of the Code of Criminal Procedure, 1973 (in short, 'Code'). However, the State Defence Counsel took the plea of insanity.