DASARA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the convict-appellant-Dasara Munda has challenged his conviction for the offence under Section 302 of the I.P.C. (hereinafter referred to as "I.P.C." for brevity) passed by the learned Ad hoc Addl. Sessions Judge(F.T.), Keonjhar on 27.8.2004 in S.T. Case No.54/34 of 2003- 2004. He has been sentenced to undergo imprisonment for life.

(2.) Bereft of all unnecessary details, the case of the prosecution in short is that the Ward Member of Barogoda village orally reported before the Nayakote Police Station that accused Dasara Munda informed Keshab Rana the village Sarapanch on 6.11.2002 at 7.00 A.M. that he had a quarrel with his brother-in-law deceased Kanhu Munda at 7 A.M. on the previous day while he was on his way to Gangeibadi farm near Katurughar jungle. It is the case of the prosecution that the said accused further informed that in course of the quarrel when the deceased caught hold of the neck of the accused, the accused in his turn crushed the head of the deceased by means of a stone causing instant death and the dead body was lying at the spot. Getting this information the informant and the Grama Rakhi went to the spot and verified at the Kuturughar Jungle that the deceased was lying dead near Gangeibadi farm having his head crushed which was visible from the bleeding injuries on the head. The informant stated that the incident occurred in the previous night. After that it was reduced into writing and police case was registered. Thereafter, the I.O. took up investigation and after taking all usual and necessary steps for investigation he placed the charge sheet against the accused under section 302 of the I.P.C.

(3.) The defence took the plea of simple denial and false implication.