RAMA SINGH @ SEVAK MUNDA Vs. THE STATE

JUDGEMENT

(1.) THE Appellant stands convicted under Section 304, Part II, Indian Penal Code and sentenced there under to R.I. for five years.

(2.) THE prosecution case, in short, is that Baji Munda, the deceased, a co. villager of the Appellant, suspecting that his wife Gumbari (p.w. 7) was being lured by accused Ramsingh to illicit intimacy, started publicly scandalizing the accused. On the morning of 1.5.1965, p.w. 2, the ex -Gountia of Gadapali, found the dead body of Baji Munda lying near the liquor shop of village Gadapali. He immediately reported the matter to p.w. 1, the ex -Choukidar of the village who went to the spot with some other villagers and found Baji's dead body with bleeding injuries on the lower jaw and on the left side of his head. P.W. 2 and some others kept watch over the dead body, and p.w. 1 went to Bonai Thana to lodge the F.I.R. Ext. 1. Thereafter, investigation Started and the accused was arrested on 3 -7 -1965, at 9.30 A.M. The accused stood his trial on a charge under Section 302, Indian Penal Code, and convicted anti sentenced under Section 304, Part II, Indian Penal Code as stated above.

(3.) P .W. 5 who on 2 -5 -1965 held the post -mortem examination on the dead body of deceased Baji Munda found one lacerated wound on the right side of his lower jaw and another on his forehead. On dissection he found fracture of the first and second cervical vertebrae and dislocation of the first cervical vertebra, Spinal membrane and the spinal cord at the level of the cervical vertebrae were contused. There wag fracture of the lower jaw bone and three teeth of the lower jaw were uprooted. In the opinion of the doctor, the injuries were ante -mortem and death was instantaneous due to fracture and dislocation of the cervical vertebrae and damage of the spinal cord. There is therefore no doubt that the death of the deceased Baji Munda was homicidal and was due to the above mentioned injuries on his person.