MATU MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against judgment of the learned Sessions Judge, Sundargarh in S.T. Case No. 204 of 1993. The learned trial Judge convicted the accused (hereinafter referred to as 'the Appellant') under Section 302 of the Indian Penal Code. He sentenced him to undergo Rigorous Imprisonment for life.

(2.) THE case of the prosecution, in brief, is that Marium Kujur (hereinafter referred to as 'the deceased'), Appellant Matu Munda and Juliani Bhengra (P.W. 2) were returning from Bimalgarh market on 14.6.1993 after selling mangoes. On the way at Sianbahal they took rest for sometime. It was about 5 p.m.. At that time P.W. 2 went for answering call of nature. On her return, she saw Appellant dragging the deceased forcibly towards Gidhipahad. P.W. 2, when protested illegal act of the Appellant, he asked her to leave the place or else she would face the same consequence as that of the deceased. In her presence, the Appellant gave a slap on the mouth of the deceased. Then he dragged her towards Gidhipahad. Since then the deceased did not return home. Later she was found lying dead near Gidhipahad. On the FIR (Ext.1) lodged by P.W. 1, K. Balang P.S. Case No. 12 of 1993 was registered. During investigation the police held inquest over the dead body of the deceased. It was sent for autopsy. On completion of investigation, the Appellant was charge sheeted.

(3.) ELEVEN witnesses have been examined in proof of charges against Appellant. P.W. 1 is the informant. P.W. 2 is Juliani Bhangra. P.W. 3 is Ratni Komar who had gone to Bimalgarh market along with the deceased. P.W. 4 is Mangulu Munda, the maternal uncle of the Appellant. P.W. 5 is Dasrath Minz. P.W. 6 is Manuel Dhanwar a witness to recovery and seizure of weapon offence (M.O.I.) P.W. 7 is a Doctor, who examined the Appellant Matu Munda. P.W. 8 is another Doctor, who conducted autopsy on the dead body of the deceased. P.W. 9 is Prabhudan Tirkey a witness to seizure of sample and blood stained earth from the spot. P.W. 10 is Trilochan Patra a witness to seizure of wearing apparels of the deceased such as says stained with blood. P.W. 11 is the I.O.