SAMBARA MUNDA Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the judgment dated 13.7.1983, passed by the learned Sessions Judge, Dhenkanal, in S.T. No. 10 D of 1983. convicting the Appellant under Section 302, I.P.C. and sentencing him thereunder, to undergo imprisonment for life, for having committed the murder of his wife.

(2.) THE gist of the prosecution case is, that on 15.1.1982 at about 2 P.M. Appellant Sambara Munda assaulted his wife Nilamani Munda (the deceased) in his house, at village Garhapalasuni (within the Parjang Police Station) with the lathi M.O.I, as a result of which she sustained severe injuries and ultimately she succumbed to her injuries while being carried to mahabirod Hospital. The Grama Rakhi of the village (P.W. 1) lodged the F.I.R. (Ext. 1) in the case at mahabirod Out Post and the police, after due investigation, submitted the charge -sheet against the Appellant under Section 302, IPC.

(3.) THE prosecution has examined, in all, 11 witnesses to prove its case. Admittedly, there is no eye witness to the occurrence. P.W.1 is the informant in the case. P.Ws. 3, 4 and 5 are the co -villagers of the Appellant, who claim to have gone to the spot of occurrence immediately after the occurrence was over. P.Ws. 9, 10 and 11 are the police officers. P.W. 3 is the doctor, who conducted the post -mortem examination over the dead -body of the deceased. P.Ws. 6 and 7 are examined to prove the extra judicial confession said to have been made by the Appellant.