DASARA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, having been convicted for commission of offence under Sections 302/324 IPC and sentenced to undergo imprisonment for life for the offence under Section 302 and to undergo R.I. for two years for the offence under Section 324 IPC, has preferred this appeal from jail. Both the sentences were directed to run concurrently.

(2.) The factual matrix leading to the case of prosecution is that due to land dispute between the parties, there was quarrel between the accused-appellant and the deceased prior to occurrence. But on 6.11.2002, in between 8 to 9 PM, when P.W.11 had gone to Bari to collect wood, appellant came with axe, arrow and assaulted by arrow to P.W.11. Hearing hullah, the deceased came to save P.W.11 but the appellant assaulted the deceased by axe causing his death there. Thereafter, the FIR (Ext.1) was lodged and during investigation, witnesses were examined, inquest was made, the autopsy was made over the dead body of the deceased, weapon of offence was seized at the instance of the appellant and after completion of the necessary investigation, charge sheet was submitted.

(3.) The plea of the defence is complete denial to his complicity with the commission of offence but as it appears from the statement of the accused recorded under Section 313 Cr.P.C., 1973 that he has been falsely implicated in this case due to the allegation that Budhuni (P.W.11) has an affair with the deceased after the death of deceased's original wife.