AIBAN MUNDA Vs. STATE

JUDGEMENT

(1.) The Court of Session has accepted the case of the prosecution that on July 18, 1981, after night fall, the appellant committed the murder of his paternal uncle Jujharu Munda (to be described hereinafter as 'the deceased') at the residence of the latter by intentionally causing his death by means of an axe (M.O. 1) and bas rejected the plea of denial set up by the appellant. The appellant bas been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The appellant assails the order of conviction and sentence passed against him. We have heard the learned counsel for the appellant and Mr. R.K. Patra, the learned Additional Government Advocate.

(3.) Mr. R.K. Mohanty has contended that the medical evidence is not conclusive as to whether the deceased had died a homicidal death and there is no evidence worth the name to connect the appellant with the commission of the offence.