RATIA ALIAS DANDHA MUNDA Vs. STATE

JUDGEMENT

(1.) In this appeal from Jail, Rathia alias Dandha Munda (hereinafter referred to as 'accused') calls in question legality of order of conviction recorded under Section 302, Indian Penal Code, 1860 (in short the 'IPC') for having allegedly committed murder by intentionally causing the death of a Forest Guard, Abhiram Behera (hereinafter referred to as 'deceased') and also under Section 201, IPC, for causing the evidence of murder to disappear by throwing the dead body with the intention of screening himself from legal punishment, on 27th April, 1991 at about 11 A.M.

(2.) PROSECUTION version as unfolded during trial is as follows : Deceased was working as a Forest Guard on 27.4.1991 in Kinabaga beat within the Forest Range of Garposh in the district of Sambalpur. As usual, on that day he had been to the forest Kinabaga beat to perform his duty and in course of his visit he found that accused Ratia Munda had engaged labourers who had already cut Sal trees inside Chimka forest and after cutting the trees those labourers were sawing the log. When the deceased found that accused had committed offence punishable under the Forest laws, he booked a case against him, seized the sawn wood and kept the same in zima of one Singh Toppo (P.W.1) of village Dangajor and directed him to keep the same in his custody until further order. Thereafter, the deceased came to the house of P.W. 1 and started preparing seizure -list and other documents. When the deceased was thus engaged, accused requested him not to book a case, but the deceased did not agree. Suddenly, the accused picked up the forest seized hammer, which is usually used by every forest guard to put amark on the log and tree after seizure and dealt three blows on the head of the deceased. When P.W. 1 protested and came to the rescue of the deceased, accused rushed towards him to assault. On account of fear, P.W. 1, fled away from his house to the house of Singha Majhi who is his immediate neighbour. P.W.1 narrated the incident before Singha Majhi. Both of them went towards the place of occurrence, and found accused carrying the deceased on his shoulder towards the forest. Both Singha Majhi and P.W. 1 followed the accused and found that the accused threw the dead body of the deceased inside Birngapatra forest under a Kendu tree. P.W. 1 immediately went to the neighbouring hamlet and informed this incident to the villagers who came and found the dead -body lying under a kendu tree. Thereafter, P.W. 1 and others went to Garposh Outpost and reported the matter to one constable who was in charge of that day. Investigation was undertaken and on completion thereof, charge -sheet was submitted.

(3.) IN order to establish the accusations, eleven witnesses were examined. Out of them, P.W. 1 was stated to be eye -witness, and PW. 9 to be a witness before whom the accused made an extra -judicial confession that he was the author of the crime. Placing reliance on the evidence of P.Ws 1 and 9, learned trial Judge found the accused guilty and convicted as aforesaid and sentenced him to imprisonment for life for offence punishable under Section 302, IPC and imprisonment for two years for the other offence and both the sentences were directed to run concurrently.