STATE OF ODISHA Vs. THIDU @ BISI MUNDA

JUDGEMENT

(1.) BOTH the death reference and the criminal appeal arise out of the judgment of conviction dated 11.01.2013 and order of sentence dated 17.01.2013 passed by the learned Ad hoc Additional Sessions Judge (FTC), Sambalpur in S.T. Case No.227/79 of 2012. Therefore, they are heard together and disposed of by this common judgment.

(2.) BY the impugned judgment and order, accused Thidu @ Bisi Munda has been convicted under sections 366, 376(2)(f), 302 and 201, IPC. For the offence under section 302, IPC, he has been sentenced to death, and for the offence under section 376 (2) (f), IPC, he has been sentenced to undergo imprisonment for life along with a fine of Rs.5000/ - in default to undergo rigorous imprisonment for two months. No separate sentence has been awarded for the offence under sections 366 and 201, IPC. The reference made by the learned trial Judge under Section 366, Cr.P.C. for confirmation of the death sentence has been registered as DSREF No.1 of 2013 and the appeal preferred by the convict Thidu @ Bisi Munda challenging his conviction and sentence has been registered as CRLA No.100 of 2013.

(3.) THE factual matrix for which the accused was charge - sheeted and sent up for trial is as follows: