LAWS(ORI)-2016-9-80

KARTIKA MUNDA Vs. STATE OF ODISHA

Decided On September 16, 2016
Kartika Munda Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This Appeal has been entertained by this Court pursuant to a petition of appeal by the appellant who is incarcerated in Circle Jail, Sambalpur. In this Appeal, the convict-appellant seeks to assail the judgment and order dated 30.3.2006, passed by learned Ad hoc Additional Sessions Judge (Fast Track), Sambalpur in S.T. No. 49/16 of 2005 (arising out of C.T. Case No. 2955 of 2004 of the Court of S.D.J.M., Sambalpur), convicting the appellant under Section 302 I.P.C. and sentencing him undergo imprisonment for life.

(2.) The FIR story reveals that deceased-Padma Munda was the second wife of the appellant. The first wife of the appellant had died earlier. On the fateful day, i.e., 12.08.2004 at about 4.00 P.M., appellant came to the house of the informant, namely, Gobardhan Sandha and confided before him that he (appellant) had killed his wife, 'the Bhaneji' (niece) of the informant, and requested to handover him to the Police. Receiving such information from the appellant, informant along with others went to the house of the appellant and found the dead body of Padma lying in the bed room with cut injuries on her neck. The informant also noticed Pravasini Khatia and Dukhi Munda were present at the spot, who informed that the appellant along his mother, namely, Suriya Munda, his third wife, namely, Lata Meher and nephew, Chandan Munda had committed murder of Padma. The informant immediately intimated the incident to the Police over phone. After arrival of Police, FIR was lodged at the spot.

(3.) During course of investigation, Police arrested the accused persons. In course of investigation, Police recovered the knife, the weapon of offence, on the basis of the information of the appellant under Section 27 of the Evidence Act, inquest was held as well as postmortem of the dead body was performed. Incriminating materials including the knife (weapon of offence) was sent for chemical examination. On completion of investigation, the I.O. submitted charge-sheet under Sections 302/34 I.P.C against the appellant and other accused persons.