KAIRA MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The instant Jail Criminal Appeal is against the judgment and sentence dtd.10th April, 2006 passed by the Adhoc Additional Sessions Judge, (F.T.) Champua in S.T. Case No.99/108 of 2004, arising out of G.R. Case No.66 of 2004, corresponding to Champua P.S. Case No.43 of 2004 of the Court of S.D.J.M., Champua whereby and where under the appellant has been found guilty for commission of offence U/s.302 I.P.C. and was convicted to undergo rigorous imprisonment for life.

(2.) The prosecution story in brief, as per F.I.R. is that on 12.04.2004 at about 10 P.M. complainant Sridhar Munda of village Sana Hundula accompanied by his brother Budhuram Munda appeared before the Officer-inCharge of Champua P.S. and orally reported that in that morning at about 9 A.M. while he and other villagers had gone to the forest on a 'Paridhi', his younger brother Budhuram informed him that their father, appellant Kaira Munda has killed their mother by means of an axe. The complainant immediately came to his house along with his brother Budhuram and after opening the door of their house found that their mother was lying dead in a pool of blood and she has sustained injuries on his neck, back and base of her ear. According to the complainant the appellant had left the weapon of offence, stained with blood, near the dead body.

(3.) This court, in order to examine the legality and propriety of the judgment containing the finding of the Trial Court, has gone through the depositions of the witnesses. The prosecution has put 10 witnesses for their examination and cross-examination.