BAIDHARA MUNDA @ MANSDA @ MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Judgment and order of conviction dated 12th September, 1997 passed by Learned Addl. Sessions Judge, Jajpur convicting the Appellant under Section 302 I.P.C. and sentencing him to undergo R.I. for life in S.T. Case No. 34/7 of 1997 is assailed in this Criminal Appeal.

(2.) THE brief facts of the case are as follows: On 5th April, 1996 at about 2 A.M. Rabi Murmu (P.W.12) reported orally at Jajpur P.S. that on 4th April, 1996 at about 10.30 P.M. while he was taking dinner in his house, he saw the Appellant along with one Jukudu Munda & Ugresen Munda drinking 'Handia' (country liquor) together. Thereafter Ugresen Munda left the place & went to the house of P.W.3. After his departure the Appellant & Jukudu Munda discussed with each other about an incident which took place about ten years back. It was alleged that Ugresen Munda practiced black magic & caused some harm to the Appellant & Jukudu Munda. They decided to finish Ugresen Munda so that he will not cause further damage to any other person. After taking the said decision they went to the house of P.W.3, called Ugresen Munda to the house of Jukudu Munda, the Appellant caught hold of the hands of Ugresen Munda & Jukudu Munda assaulted Ugresen with a wooden lathi. Seeing the said incident the informant, P.W.12, tried to rescue Ugresen Munda, but then he was threatened by both the Appellant & Jukudu Munda. He concealed himself near a bush & saw both the aforesaid persons beating Ugresen Munda till he became motionless. Thereafter, they left the spot. The informant also heard that the Appellant & Jukudu Munda were planning to kill him & he fled away & reported the matter orally to the Officer -in -charge of Jaipur Road P.S. (P.W.13), who scribed & drew the formal F.I.R.

(3.) THE plea of the accused is one of complete denial. In his statement recorded under Section 313 of Cr.P.C. the Appellant stated about his total Ignorance about the occurrence.