KUANAR @ LUDHIA MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the sole appellant Kuanar alias Ludhia Murmu is directed against the judgment dated 7.6.1996 passed by the learned Sessions Judge, Mayurbhanj, Baripada convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer rigorous imprisonment for life in Sessions Trial Case No. 119 of 1994.

(2.) Prosecution story in brief is that on 27.1.1994 at about 9.40 A.M. P.W.1 Santa alias Punta Bewa lodged an information at Morda P.S. alleging, inter alia, that she was the wife of the deceased Hemendra Murmu. She was accompanied by her nephew. Lataram Murmu to the Police Station. In her aforesaid information, it was, inter alia alleged that she had three daughters and a son. Both her elder daughters were married. Her eldest daughter and son-in-law came to her house and stayed with her since previous Rasa Purnima. On the previous day i.e., on 26.1.1994, the informant being P.W.1 along with her husband, youngest daughter Maina Murmu P.W.3), son Dasarathi Murmu slept together outside their house. Her eldest daughter and son-in-law slept inside the house with their two years old son. The informant was sleeping on a cot along with son and daughter on the northern side verandah of the house. Her husband being deceased was also sleeping alone on the western side verandah. About half an hour later, the appellant being the nephew of the informant came in front of their house and was heard by P.W.1 calling for the deceased twice of thrice. Her daughter woke up and went out to sleep with the deceased. However, the appellant went away towards his house, but sometime thereafter, he again returned and loudly called out for the daughter of the informant asking her to go away as otherwise the appellant would assault her. On hearing this, the daughter of the informant shouted and asked the informant to come out quickly. On hearing the call of her daughter, when the informant woke up and reached the verandah she could see that the appellant was holding a big sword and was going to assault he daughter. On seeing this, she immediately ran and caught hold of her daughter and dragged her daughter. As a result, the blow of the sword fell on a wooden pillar. Being frightened on seeing this incident she picked up her daughter and son and left them in the house of their neighbour Sarat Murmu and after leaving them behind in the house of Sarat Murmu again came back to her house and on reaching her house P.W.1 found that the appellant was chasing the deceased to assault him. On seeing this out of fear she returned back running. The deceased was also running after her and behind the deceased the appellant was running holding a sword. Out of fear P.W.1 ran inside the house of Sarat and she could see that the deceased was running towards the village road being chased by the appellant with a raised sword. Immediately along with the children P.W.1 went to the house of her nephew Lata (P.W.7) and narrated the whole incident to P.W.7 as was seen by her. On hearing this, P.W.7 immediately went near the Ward Member being accompanied by P.W.1 to some distance and thereafter she returned back. Out of fear, she did not return to her house. Little thereafter, the Ward Member Nirmal Singh (P.W.6), Lata (P.W.7), Samrai Marandi (P.W.4) and Barang came here and they searched to trace out her husband. During the search, P.W.4, Samarai Marandi said that the appellant was dragging the deceased on road in front of his house. On seeing this, he woke up and enquired from the appellant as to what had happened. At this, the appellant threatened to kill him and said that he would take the deceased to the well. Therefore, the villagers suspected that the deceased might have been dumped into the well and acting upon this suspicion, they searched for the deceased in the well situated nearby but they could not find anything. Later on, they went to the well situated on the land of Barang. Ward Member went inside the well and found a man was floating in the water and waist of the man so floating was tied with a rope and he was lifted up. Only then, they all could see that the deceased had been assaulted on various parts of the body as stated in the said information. Till then, the deceased was gasping but he was unable to speak. He had no cloth on his person. But seeing this the informant went home and covered the body of the deceased with a cloth. The informant along with P.W.7 together fetched a cot and carried the deceased near the house of one Kalia Tudu from where they took the deceased in a bullock cart to Baramile hospital. However, the deceased succumbed o injuries. This is in short what was alleged by P.W.1 in her information at the police station and the same was reduced into writing and registered as F.I.R. against the appellant under Sections 302/201/307 I.P.C.

(3.) Police after usual investigation submitted the charge sheet against the appellant for the aforesaid offences. In due course of time, the case was committed to the Court of learned Sessions Judge, Mayurbhanj, Baripada. Learned trial Court on perusal of the materials on record framed charges under Sections 302 and 201 I.P.C. against the appellant to which he pleaded not guilty. In course of trial, in all nine prosecution witnesses were examined on behalf of the prosecution and none was examined on behalf of the defence. The defence of the appellant was simple denial of the prosecution case. On conclusion of the trial the appellant was convicted and sentenced as already stated.