SAPANI MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is a case of mariticide. The appellant Sapani Munda faced trial in the Court of learned Adhoc Addl. Sessions Judge (F.T.C.), Champua in S.T. Case No.35/74 of 2011 for offence punishable under section 302 of the Indian Penal Code for committing murder of her husband Ramray Munda (hereafter 'the deceased') on 16.10.2010 in the night at Dorani Jungle, Pidha Pokhari situated under Bamabari Police Station in the district of Keonjhar. The appellant was acquitted of the charge under section 302 of the Indian Penal Code. However, she was found to be guilty of the offence punishable under section 304 Part -II of the Indian Penal Code and accordingly the Trial Court convicted her of such offence and sentenced her to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/ -, in default, to undergo simple imprisonment for one month.

(2.) The prosecution case, as per the First Information Report lodged by Raya Munda (P.W.1), who is the son of the deceased and step son of the appellant before the Inspector -in - charge, Bamabari Police Station on 17.10.2010 is that on 16.10.2010 during evening hours the appellant and the deceased had been to Dorani Jungle, Pidhapokhari for guarding their vegetable field. On 17.10.2010 at about 11.00 a.m., the informant came to know that his parents had a tug of war in the last night and they assaulted each other by means of Tangia, for which the deceased had sustained serious injuries on his head and the appellant had also sustained serious injury on her head. Hearing such message, the informant proceeded to the spot and after verification; he came to the police station and lodged the First Information Report.

(3.) The Inspector -in -charge of Bamabari Police Station on receipt of such written report from P.W.1, registered Bamabari P.S. Case No. 131 dated 17.10.2010 under section 302 of the Indian Penal Code and directed Sri Onam Lakra (P.W.14), Sub -Inspector of Police to investigate the matter. During course of investigation, P.W.14 examined the informant, recorded the statements of the witnesses, seized one blood stained Budia (a small axe), blood stained earth and sample earth from the spot and prepared a seizure list Ext.5. Since the darkness had already set in, the police constables were deputed to guard the dead body and on the next day of the occurrence, the inquest was conducted over the dead body and inquest report Ext.2 was prepared. The appellant was also found having injuries on her person and she was sent to Tisco Hospital, Joda for treatment. P.W.14 visited the spot and prepared the spot map Ext.7. The dead body was sent to Government Hospital, Barbil for post mortem examination where P.W.15 Dr. Smt. Manashi Manaswani Das conducted post mortem examination and submitted her report under Ext.9. The wearing apparels of the deceased were seized by the Investigating Officer on being produced by the constable under seizure list Ext.3. On 6.11.2010 the Investigating Officer got information from the doctor of Tisco Hospital that the appellant was fit for discharge and accordingly the appellant was arrested after intimating her grounds of arrest. Her blood sample and nail clippings were collected by the doctor at Central Hospital, Joda which were seized under seizure list Ext.6. The wearing apparels of the appellant were also seized under seizure list Ext.4 and then the appellant was forwarded to the Court of learned J.M.F.C., Barbil on 7.11.2010. The Investigating Officer received the post mortem examination report from the autopsy surgeon which revealed that the cause of death of the deceased was homicidal in nature. On 22.12.2010 P.W.14 handed over the charge of the investigation to the Inspector -in -charge of Bamabari Police station and later on Sub - Inspector of Police Soumyachit Mishra on completion of investigation submitted charge sheet against the appellant under section 302 of the Indian Penal Code on 4.3.2011.