NIRANJAN MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and the order of sentence dtd. 24/7/2017 passed by the learned Additional Sessions Judge-Cum-Special Judge, Sunderegarh in S.T. Case No.64/35 of 2015 arising out of G.R. Case No.140 of 2015 corresponding to Bhasma P.S. Case No.15 of 2015 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sundergarh. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 (Ten Thousand) in default to undergo rigorous imprisonment for one (1) year.

(2.) Prosecution Case:- On 7/2/2015 morning, one Malia Munda of Village- Adakatha presented a written report being scribed by Sanjay Munda (P.W.2) with the Inspector-in-Charge (I.I.C.) of Bhasma Police Station informing therein that in the previous night, the accused, who happens to be his son-in-law, had assaulted his daughter, namely, Sapna Munda to death by causing injuries with the help of amari stick and an axe. Malia Munda, being informed by his grand daughter, namely, Salima Munda (P.W.12), had gone to their house and found the dead body of Sapna. The I.I.C. (P.W.13), receiving the written report of the Informant, treated the said report as FIR (Ext.1) and upon registration of the criminal case, took up the investigation.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.13) examined the Informant and other witnesses and recorded their statements under Sec. 161 of the Cr.P.C. The I.O. (P.W.13), having visited the spot, prepared the spot map (Ext.13). The I.O. (P.W.13) held the inquest over the dead body of the deceased and prepared the report to that effect (Ext.2/1) and sent the dead body for post mortem examination by issuing necessary requisition. He (P.W.13) made a requisition to the members of the District Forensic Science Laboratory (DFSL), Sundergarh for spot visit and collection of physical clues. That being done, some articles said to be incriminating, were seized by the I.O. (P.W.13) under seizure list (Ext.7). Thereafter, the I.O. (P.W.13) arrested the accused and it is stated that the accused, while in police custody, gave the statement to have concealed the weapon and stated that if he would be taken to the place, he would give recovery of the same. Pursuant to the statement (Ext.10), the accused is said to have led the I.O. (P.W.13) and other witnesses in giving recovery of the weapon, i.e., axe, which was seized under seizure list (Ext.4/1). The wearing apparels of the accused were seized under seizure list (Ext.6/3). The seized incriminating articles were then sent for chemical examination through Court. On completion of the investigation, Final Form was submitted placing the accused to face the Trial for commission of the offence under Sec. 302 of the IPC.