DABA MUNDA JAGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Daba Munda alias Jaga stands convicted under section 302, I.P.C for having intentionally caused the death of the Forest Guard named Gadadhar Naik. He has also been convicted under Section 201, I.P.C for having burnt the dead body with the intention to screen himself from legal punishment. For the first count he has been sentenced to undergo rigorous imprisonment for life but no separate sentence has been awarded for his conviction on the second count.

(2.) The prosecution case is that Gadadhar Naik (hereinafter referred to as the deceased) was working as a Forest GuardT at Bhutuda Forest Beat under Dengula forest section in the Koida Range. He has staying with his son and wife in the Government quarters at Dengula. On 20.1.1990 at 8 a.m. he went to Coupe No. 15 with hammer and a tiffin carrier but did not return home till the next day evening. As his whereabouts were not known, the Forester Purushottam Brahma (P.W. 1) with other members of his staff went in search of the deceased Forest Guard inside the forest. On 24.1.1990 it was found that a hammer was lying under a tree. On 11.2.1990 it was known from Bakuli Mahakul (P.W. 2) that on 20.1.1990 at about 9 a.m. the appellant gave an axe blow on the left side head of the deceased when he (deceased) wanted to hammer-mark on the wood taken by the appellant from the forest. It was revealed from P.W. 2 that on account of the axe blow, the Forest Guard expired and the appellant dragged the dead body towards a hillock. After having come to know about the incident, P.W. 1 lodged F.I.R. at the local police station on 12.2.1990. Investigation commenced. In course of investigation, witnesses were examined and some pieces of bone, half burnt canvas shoe etc. were seized. After completion of the investigation, the appellant was put up for trial which has ended in his conviction as aforesaid.

(3.) The plea of the appellant was one of denial.