BATA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) We have been called upon to judge the correctness of the order of conviction and sentence recorded against the appellant finding him to be guilty of the charge of double murder of two persons, namely, Murgi Munda and his wife Pala Dei (hereinafter described as the deceased personsT), on May 5, 1980, at Budhikud in the district of Keonjhar and sentencing him Bata Munda Vs. The State there under to undergo imprisonment for life.

(2.) The appellant, it was alleged, had previously been convicted for having caused grievous hurt to the deceased Murgi by means of an arrow and had been admonished. The deceased Murgi and the appellant had also some dispute over the possession of a land, as the prosecution sought to show, but of this there was no clear and cogent evidence. No materials had been placed by the prosecution which could constitute any motive on the part of the appellant to commit the murder of the deceased Murgi and his wife. There was no direct evidence of any witness of having seen the commission of murders. In the absence of proof of motive, the circumstantial evidence on which the prosecution sought reliance bearing on the guilt of the appellant would have to be examined with great care before its acceptance.

(3.) Having heard the learned counsel for both the sides, we are of the view, for the reasons to follow, that the order of conviction is unfounded on facts and cannot be sustained in law.