LAMBODAR MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captioned appeal is assailed against the judgment of conviction and sentence for life for the offence punishable under sections 302/201/34 I.P.C. passed by the Additional Sessions (F.T.), Champua in S.T. Case No.62/43 of 2004/2003.

(2.) The adumbrated facts leading to the case of the prosecution is that on 14.6.2002 at about 8 am the informant and her husband Dilip Karua went to the house of one Paradesi Oram to purchase liquor in order to celebrate Raja festival. After purchasing liquor they went to the house of one Gedua Munda. The present appellant was there already in the house of Gedua Munda. Then the informant, her husband and Gedua Munda consumed the liquor.

(3.) When the informant asked her husband Dilip to leave the place for return to home, appellant Lambodar Munda and Gedua Munda did not allow Dilip to leave the place and there was altercation by Dilip with Lambodar and Gedua. Thereafter appellant Lambodar and co-accused Gedua assaulted the deceased Dilip by a Sargi (Sal lathi) and with fist blows and kicks. When the informant intervened appellant Lambodar, he also assaulted her. Appellant Lambodar also threatened the informant to leave the place. Then out of fear, the informant left the place with her baby. In that night Dilip did not return to home. On the next day morning the informant went to the house of Gedua Munda and asked him about the whereabouts of her husband, but appellant Lambodar and Gedua informed that they left deceased Dilip near the bank of the river. After thorough search on 16.6.2002 at 6 am they found the dead body of her husband floating in the water of river Sona. So, she lodged the F.I.R.