MAN SINGH MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has preferred this appeal challenging the order passed by the Learned adhoc Additional Sessions Judge, F.T.C., Keonjhar convicting him for offence under section 325 of I.P.C. and sentencing him to undergo rigorous imprisonment for three years with payment of fine of L 1,000/- in default to undergo rigorous imprisonment for three months.

(2.) The case of the prosecution in short is that: On 4.10.2003 around 10 a.m. the appellant picked up quarrel with his wife Suramani deceased on their "Huda" land (dry and high) near Mahua tree and thereafter caused her death. One Bishnu Munda on 7.10.2003 reported the matter orally to the Officer In-charge of Nayakot P.S. that on 5.10.2003 morning when he was reaping paddy crops in his own land, one Merei Munda of his village informed him about such incident wherein Suramani wife of appellant died on 4.10.2003. It is also the case of the prosecution that at the time of incident when Suramani raised hulla, one Gamla Munda rushed to the spot and found bleeding injury on her nose and ear when the appellant fled away. Other villagers namely: Rushi and Ramel had also gone there in rendering minimum treatment but that did not help improving the health condition of Suramani who ultimately succumbed to the said injuries. The oral report to the above effect gave rise to the registration of the case and commencement of investigation. Finally charge-sheet was submitted against the appellant for facing trial for the said offence punishable under section 302 of I.P.C.

(3.) Prosecution during trial examined 12 witnesses. Out of whom P.W. 1 is the informant, P.Ws. 2, 3, 4 and 5 were the co-villagers and independent witnesses. Doctor who had conducted the postmortem examination has been examined as P.Ws. 7 and 8, P.W. 6 is the Habildar who had carried the dead body for above purpose, P.W. 11 is the I.O., P.W. 10 is the Gramarakhi.