BIRANCHI MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT has preferred this appeal from jail as against the order of conviction for the offence under Section 302, I.P.C. and sentence of imprisonment for life imposed on him by learned Addl. Sessions Judge, Angul in Sessions Trial No. 63 -A/21 of 2000 arising out of G.R. Case No. 149 of 2000 of the Court of S.D.J.M., Angul.

(2.) PROSECUTION case is that accused Biranchi is the elder brother and deceased Hadibandhu is the younger brother. Accused had come to the occurrence village for partition of the paternal property and was staying in the house of the family in the occurrence village, i.e., Bhagatpur. But in the night between 19th/20th March, 2000 the deceased was done to death by infliction of injuries on the head and other parts of the body. According to the allegation of the prosecution, accused dealt such blows by means of a 'Medha' (stick/lathi). According to the prosecution, P.W.5 Draupadi Munda (the sole eye -witness to the occurrence) is related to the brothers as their sister -in -law (cousin's wife), and in course of the investigation accused gave discovery of the stick (the weapon of offence) which was seized under seizure list, Ext.5.

(3.) TO substantiate the charge under Section 302, I.P.C, prosecution examined as many as 14 witnesses. Amongst them, as noted above, P.W.5 is the sole eye -witness to the occurrence and the rest are post -occurrence witnesses. P.W.1 - Ratnakar Pradhan lodged F.I.R., Ext.1 and a witness to the Inquest Report, Ext.2 and Seizure Lists, Exts.3 and 4., P.W.2 - Chamar Sahu, P.W.3 - Purna Chandra Dalei, P.W.6 -Kanak Pradhan, P.W.7 - Sardar Munda, P.W.9 - Rusi Pradhan, P.W.10 - Kishore Ch. Sahu and P.W.12 - Dusasan Roul are the witnesses who speak that accused was caught and detained by the villagers. P.W.8 - Bitangi Sahu and P.W.11 - Sapana Behera are the witnesses to seizure of the lathi under Seizure List, Ext.5, besides recording of statement leading to discovery. P.W.13 is the doctor who conducted the post mortem examination and proved the Post mortem Report, Ext.6 and the Opinion Report, Ext.7, and P.W.14 is the Q.I.C., Purankote Police Station, who was the Investigating Officer of the case.