BABULI MUNDA @ HAIBURU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THOUGH this case has been listed for orders on the bail application filed by the Appellant -Petitioner, but on consent of the parties, the Criminal Appeal is heard and disposed of in the following manner.

(2.) ACCORDING to the case of prosecution, on 16.01.1998 at about 11.30 P.M. in the Labourer's Colony at village Raikela of Koira P.S., Appellant inflicted single axe blow on the head of his wife, Saniar (hereinafter referred as 'deceased') after a quarrel between two at two spells in that night. In the post -mortem report proved by Dr. Mudhusudan Singh, P.W.7 vide Ext -6 and the opinion report, Ext -7, it has been proved by the prosecution that the deceased suffered homicidal death because of the single axe blow of the size 3" x 2" x 2" over right temporal region resulting in fracture of temporal, right parietal and frontal bone and causing severe bleeding and cerebral haemorrhage. To fasten the charge against the Appellant, prosecution relied on evidence of P.W.1, Etua Hembram, the brother of the deceased. P.W.1 was also staying in the same colony and working as labourer. His unchallenged evidence indicates that at about 11.30 P.M. while he came to the hut (residence) of the accused, he found the accused going away from the hut and the deceased with bleeding injury was lying inside the hut and struggling for life and that an axe, i.e., weapon of offence was lying near the deceased. P.W.1 together with many labourers of that colony wanted to catch the accused -Appellant but the latter successfully absconded and on 26.09.1998 he could be arrested from Kantabannia under Motonga Police Station in the district of Dhenkanal, where he was working as labourer.

(3.) IT is needless to say that on assessment and discussion of the evidence led by the prosecution through P.Ws.1 to 8 and Exts.1 to 12, learned Sessions Judge found that all the aforesaid factums have been proved against the accused. Accordingly, he found the accused guilty of offence of murder and sentenced him to imprisonment for life.