KANDRA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Being aggrieved, the Appellant has challenged the judgment dated 12.1.2012 passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 62/116 of 2011 convicting the Appellant for commission of the offence under Sec. 304 (Part -I), I.P.C. and sentencing him to undergo R.I. for 10 years with fine of Rs. 1,000/ -, in default, to undergo S.I. for one month.

(2.) On a written report submitted by a Grama Rakhi attached to Nayakote Police Station, P.S. Case No. 49 of 2010 was registered under Sec. 302, I.P.C. In the report it was stated that on 30.11.2010 morning the Grama Rakhi received information that the Appellant killed his cousin Tanti Munda, by assaulting him with a stick (BADI). It is further stated that having received such an information the Grama Rakhi proceeded to the deceased's village and on enquiry from deceased's wife came to know that the Appellant assaulted her husband by giving blows on the head as a result of which her husband died on the spot.

(3.) After registration of the case the police took up investigation. In course of investigation witnesses were examined, inquest over the dead body was held, the dead body was sent for post -mortem, Appellant was arrested, weapon of offence was recovered at the instance of the Appellant, Appellant's wearing apparels were seized, the seized weapon of offence and wearing apparels along with some other articles seized by the police were sent for chemical examination and on completion of investigation charge -sheet was submitted on 24.2.2011. The case was committed to the Court of Sessions on 6.5.2011. After commitment, charge was framed on 14.11.2011.