STATE OF ORISSA Vs. DUGA MUNDA

JUDGEMENT

(1.) HEARD both the parties and the judgment is as follows:

(2.) THE admitted case of the parties is that Mania Munda the deceased is the younger brother of accused Duga Munda. Sumi Munda (P.W. No. 5) is the wife of the deceased. Dasru Munda (P.W. No. 4) is the paternal uncle of the accused and deceased. P.W. No. 5 lodged the F.I.R. inter alia alleging that the instigation of her mother -in -law, accused came being armed with a knife and scolded the deceased for misbehaving the mother. That quarrel lead to a scuffle between the two brothers and in that process accused dealt a knife blow, as a result of which, the deceased died at the spot. In the process of that quarrel when she wanted to intervene the accused threatened her. Because of that she went and sought for the help of Dasru Munda (P.w. No. 4). When P. Ws. 4 and 5 arrived at the spot, they found the deceased lying dead. On receipt of such an F.I.R. the officer -in -charge of Bolang P.S. took up the investigation and after completion of the same submitted charge -sheet against the accused Respondent. As noted above, the Respondent denied to the charge and claimed trial.

(3.) P .W. No. 5 being the solitary eye -witness to the occurrence that carried the total importance to guide the fate of the case. In her examination -in -chief, P.W. No. 5 stated about a scuffle between the brothers and in that process accused inflicted the injuries on the body of the deceased by means of M.O.I. but in cross -examination in clear tone she stated that the injuries were caused both on the accused and the deceased in the process of scuffle and when each of them attempted to hit the other by means of a knife. She further stated that the injury which occurred in the body of the deceased were in the process of scuffle.