BUTU MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the judgment dtd.10.09.1999 passed by learned Sessions Judge, Sundargarh in Sessions Trial No.63 of 1996 is assailed by both the appellants. By that judgment, the appellant Machu Munda has been convicted U/s.302 and 201 of the Indian Penal Code (in short the "I.P.C.") and sentenced to undergo imprisonment for life for offence U/s.302 I.P.C. and rigorous imprisonment for one year for offence U/s.201 I.P.C. The appellant Butu Munda has been convicted U/s.201 I.P.C. and sentenced to undergo rigorous imprisonment for one year.

(2.) Put briefly, the case of the prosecution is that deceased Dalka Munda had love affairs with the daughter of accused Machu Munda, namely, Mangala Munda (P.W.2). On 08.11.1995 at about 4 P.M. deceased left his house and did not return. His father - informant searched him. On 20.11.1995 while he was about to report the matter at police station, his son Saranga Munda (P.W.6) told him to have ascertained from accused Machu Munda that deceased had gone to their house on 09.11.1995 and left the house with one Gunju Munda. On 21.11.1995 he lodged missing report of his son which was entered vide Station Diary Entry No.473 at Lahunipada Police Station.

(3.) The plea of defence is denial simplicitor.