RAISINGH MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the Jail, has challenged the judgment of conviction and order of sentence dtd. 21/3/2016 passed by the learned Additional Sessions Judge, Keonjhar in S.T. Case No.35/60 of 2014, arising out of G.R Case No. 1546 of 2013, corresponding to Nayakote P.S. Case No.74 of 2013 of the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Keonjhar.

(2.) Prosecution case is that on 4/12/2013 around 5 pm, Raisingh Munda (accused) and his son were cutting branches of a Kusuma Tree standing near the school of the village. Seeing that Baruna Naik (deceased) who was the then Chairman of the Managing Committee of the School told them not to cut the tree. It is stated that this accused thereby being enraged dealt blows by an axe on the head of Baruna causing profuse bleeding injuries leading to his fall on the ground. Receiving the blows, Baruna met an instantaneous death at the spot.

(3.) Learned SDJM, Keonjhar having received the Final Form as above, took cognizance of the offences under Sec. 302 of the IPC and after observing the formalities, committed the case to the Court of Sessions for trial. That is how the Trial commenced against the accused by framing the charge for the said offence against the accused.