STATE OF ORISSA Vs. GURUBARIA MUNDA AND ANR.

JUDGEMENT

(1.) THE judgment dated 30th October, 1996 passed by learned Addl. Sessions Judge, Sambalpur, acquitting the accused persons from the charges under Sections 302/34 of the Indian Penal Code in S.T. Case No. 224/27 of 1995 -96 is assailed by the State in this Government Appeal.

(2.) BEREFT of unnecessary details, the short facts leading to the prosecution case is that on 08.5.1995 at about 2.30 P.M. Punia Munda had been to the house of Budhuram Tirkey to borrow a "Bahungi" (bamboo bar) to carry goods. In the house of Punia Munda, Gana Munda was present and an altercation cropped up between Gana Munda and Punia Munda. In course of such quarrel, it is alleged that Punia Munda dealt a blow on the head of Gana Munda thereby causing bleeding injuries. It is also alleged that Gana Munda assaulted Punia Munda thereby causing injuries on his face, consequence of such assault Punia Munda lost his tooth. Thereafter Gana Munda and Punia Munda returned to their respective houses. Some times thereafter accused Maghu Munda and his brother Gurubaria came to the house of Punia Munda and asked him to accompany them so that the matter can be decided. Thereafter, Punia Munda proceeded to the village and his wife (P.W.2) followed him and after some time his son Bhudhu Munda, (P.W. 1) also followed him. It is alleged that on the way accused Gurubaria Munda caught hold of Punia Munda an accused Maghu Munda dealt a blow on the head of Punia Munda by means of one iron rod, as a result, Punia Munda fell down on the ground and sustained injuries. "Thereafter P.Ws.1 and 2 with the help of some of the villagers carried Punia Munda to the hospital for treatment and thereafter Punia Munda succumbed to the said injuries.

(3.) THE plea of the defence is complete denial. It is stated that taking advantage of previous enmity, a false case has been foisted against them. No witness was examined on behalf of the defence.