SANATAN MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Keonjhar in S.T. Case No. 32/121 of 2014 in convicting him under Section 304 Part-l of I.P.C. and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 5,000/- in default thereof to undergo R.I. for one year.

(2.) The factual matrix leading to the case of the prosecution is that on 15.5.2014 at about 11 a.m. Sanatan Munda, his first wife Kuntala Munda, second wife Pramila Munda, son Rajesh Munda and minor daughter had been to Simamundi Nala to rear fish. There Sanatan Munda told Kuntala Munda to make a ridge and to drain water for rearing fish. Kuntala Munda refused to do so and quarrelled with Sanatan Munda. Being enraged, Sanatan Munda dealt blows by the blunt side of a spade on the head of Kuntala Munda causing profuse bleeding injuries. Kuntala Munda succumbed to injuries. Thereafter the Ward Member arrived at the spot. F.I.R. was lodged. During investigation the Police made inquest over the dead body of Kuntala and made autopsy of the dead body. Police also examined the witnesses. During investigation the appellant led the police and gave recovery of the weapon of offence from the Simamundi Nala and consequently the same was seized. After completion of investigation charge sheet was submitted under Sections 302 and 201, I.P.C.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C., 1973 and the suggestion given during cross-examination to the prosecution witnesses, is squarely denial to the occurrence and he pleads innocence.