MANSINGH MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted by the learned Sessions Judge, Keonjar in S.T. Case No. 99 of 1994 for commission of offence under Sections 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo imprisonment for life, has preferred this appeal against such order of conviction and sentence.

(2.) THE case of the prosecution in brief is that the accused persons and the deceased Dama Munda belong to Adibasi community of village Deolhari. The appellant was suspecting that the deceased might have killed his two children by practicing witchcraft. On 24.2.1994 in the afternoon, when the deceased Dama munda was returning from Remuli weekly market, on his way near Nischintpur jungle, the appellant caught hold the deceased and committed his murder by assaulting him with lathi and stone, and with the help of the other two accused persons, namely, Niranjan Munda and Sudar Munda carried the dead body of the deceased and concealed the same inside the jungle. Pursuant to VHF message dated 17.2.1994 regarding missing of deceased from the village Deojhari, P.W. 2 conducted enquiries and searched at different places. Blood stains were found on the hilly path of Nischintapur forest towards Bhanya Parbat side -inside the forest. In course of such enquiry it came to light that the appellant had committed murder of the deceased and concealed the dead body in the jungle, on the basis of which, a plain F.I.R. was lodged by P.W. 2 and investigation was taken up. On completion of investigation charge sheet was submitted against three accused persons for commission of offences under Sections 302/201/34 I.P.C. However, in course of trial, three accused persons have been tried for commission of offences under Sections 302/34 I.P.C.

(3.) LEARNED Sessions Judge on the basis of the evidence of P.W. 4 with regard to extra judicial confession and leading to discovery of the dead body as well as weapon of offence found the appellant guilty of the charge and convicted him for commission of offence under Section 302 I.P.C. The other two accused persons were acquitted of the charges.