JAMUMASI @ JUMBO @ PUTHU MAHANANDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Jamumasi @ Jumbo @ Puthu Mahanandia was charged under section 302 of the Indian Penal Code by the learned Adhoc Additional Sessions Judge, Sundargarh in S.T. Case No. 47/61 of 2002 for committing murder of his wife Munni Buda @ Mahanandia (hereafter 'the deceased') on 11.08.2000 inside Hatidharsa jungle under Rajgangpur Police Station in the district of Sundargarh. The learned Trial Court found the appellant guilty under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) The prosecution case, as per the First information report (Ext.3) presented by Mangal Majhi (P.W.3) on 12.08.2000 before the Inspector in charge, Rajgangpur Police Station is that on 11.08.2000 at about noon, the informant had been to Hatidharsa jungle to tend cattle along with small children. At about 5.00 p.m. while the informant was returning home, on the way he found the dead body of a young lady approximately aged about 19 to 20 years. He found injury mark on the cheek and neck of the dead body and one two to three months baby girl was lying near the dead body and crying. He noticed blood stain on the head of the baby girl. The informant returned to the village with the baby girl and informed others in the village about the location of the dead body. On the basis of the oral report of P.W.3 which was reduced to writing by the IIC, Rajgangpur Police Station, First Information Report was drawn up and Rajgangpur P.S. Case No. 166 dated 12.08.2000 was registered under section 302 of the Indian Penal Code against unknown person and IIC, Rajgangpur Police Station directed Jagat Jiban Patel (P.W.14), S.I. of Police to take up investigation of the case.

(3.) During course of investigation, P.W.14 examined the informant, sent requisition to the Scientific team of DFSL, Rourkela, commanded a constable to collect blood stain from the face of the baby girl through Medical Officer, visited the spot and prepared spot map Ext.12. On being identified by the brother of the deceased namely, Kalo Bada (P.W.5), he conducted inquest over the dead body and prepared inquest report Ext.4. He seized blood stained earth and sample earth from the spot and prepared seizure list Ext.7. He also seized one umbrella, a pair of baby chappals, a pair of plastic chappals under seizure list Ext.6. He examined further witnesses and sent the dead body to Rajgangpur Government Hospital for post -mortem examination. P.W.2 Dr. Saroj Kumar Parida who was attached to the said hospital as Medical Officer conducted post -mortem examination and opined the cause of death was due to injuries to the vital organs and hemorrhage and shock. The Investigating Officer (P.W.14) seized one sealed bottle containing blood stain collected from the face of the baby girl and prepared seizure list Ext.9. He also seized the wearing apparels of the deceased under seizure list Ext.8. On 19.08.2000 the appellant was arrested and basing on his statement recorded under section 27 of the Evidence Act, one Falsia @ Budia was recovered from inside Ghurukuni jungle and seized under seizure list Ext.5. The wearing apparels of the appellant were seized on his production under seizure list Ext.15. The I.O. also seized nail clippings, sample blood of the appellant on being produced by the constables under seizure list Ext.11. The full pant of Deepak Tanti (P.W.10) was also seized under seizure list Ext.10 which was sent to Scientific Officer, DFSL, Rourkela for examination and opinion regarding availability of blood stain in it. He received the post mortem examination report. The I.O. sought for the opinion of the doctor regarding possibility of the injuries noticed on the deceased with the weapon seized and obtained query report vide Ext.2 from the doctor. All the exhibits were sent to the Director, SFSL, Rasulgarh through J.M.F.C., Sundargarh for serological examination on 20.10.2000. The chemical examination report was received and after completion of investigation, charge sheet was submitted against the appellant on 22.11.2000 under section 302 of the Indian Penal Code.