CHADA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) When the case is taken up today for consideration of the bail application in Misc. case No. 19 of 2008, Learned Counsel for the Appellant as well as Mr. Nanda, Learned Addl. Government Advocate states that both of them are ready for hearing of the appeal on merit and it may be heard and disposed of. Regard being had to the aforesaid submission, the Jail Criminal appeal which is pending since 2000 is heard and disposed of in the following manner:

(2.) Appellant has been convicted for the offence of Sec. 302, I.P.C. by Learned Sessions Judge, Keonjhar in Sessions Trial No. 72 of 1996, arising out of G.R. Case Nos. 335 of 1995 of the Court of J.M.F.C., Barbil and sentenced to imprisonment for life

(3.) Prosecution case is that on 22.10.1995 at about 5.30 P.M. occurrence of assault occurred in which the Appellant dealt blow by means of Katari, M.O.I by using its blunt side. It appears from the lower Court records and the impugned judgment that in course of Dussehra festival, which was prior to the date of occurrence, sister of the deceased i.e. P.W. 4 -Saibani Munda reported to the deceased that the accused finding her alone ravished her. On 22.10.1995, when the accused and the deceased and the other workers returning from mines, near Hatimara Chhak, the deceased challenged the accused for such indecent act. That resulted in a scuffle between the two and the co -workers separated them. House of the accused was nearby that spot. He ran to his house and returned with the M.O.I and dealt a blow to the head so also a few other places of the body of the deceased as per the version of the eye witnesses to the occurrence. Ultimately, the deceased suffered death at the spot. The matter was reported to the Toda Police Station and after investigation, charge -sheet was submitted against the accused.