Decided on February 13,2020

Bana Munda Appellant


A.K.MISHRA,J. - (1.) In this appeal under the provision of Sec.383 Cr.P.C . the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C .') and sentence to undergo imprisonment for life by the learned Ad hoc Addl. Sessions Judge, (F.T.), Keonjhar in his judgment dtd.21.12.2004 passed in S.T. Case No.23/35 of 2003-04.
(2.) The case of the prosecution, in short, is that accused had illicit relationship with the deceased Dheda Mundani. On 11.10.2002 in the night Informant, the brother of the deceased slept in one room while deceased along with her other two sisters, including P.W.2 was sleeping in another room. As per informant, at about 9 P.M. the accused came and dealt axe blows and murdered the deceased. The informant raised alarm but he was threatened. Out of fear he could not inform the matter in the night. In the next day morning, he orally reported to police which was registered as Nayakote P.S. Case No.22 of 2002. The investigation was ensued. Inquest and post mortem was conducted. On 13.10.2002, accused was arrested and a blood stained axe was seized vide Ext. 4. The seized weapon of offence and other articles were sent for chemical examinations vide Ext.11. The opinion (Ext.12) was received to the effect that the iron axe had contained human blood, but no blood grouping was made. Similarly the Lungi and nail clipping of the accused were found to have not contained any blood. After completion of investigation charge sheet was submitted. Learned S.D.J.M., Keonjhar took cognizance of the offence and committed the case to the Court of Sessions. Accused faced trial for the charge under Section 302 I.P.C. The plea of defence was denial simplicitor.
(3.) In support of its case, prosecution examined 10 witnesses in all and exhibited 20 documents. The seized axe and saya were marked as M.O.I and M.O.II. Out of prosecution witnesses P.W.1 is the brother of the deceased who is the informant of the case and the sole eye witness to the occurrence. P.W.2 is the sister of deceased who was sleeping with the deceased in the same room. P.W.3 is the mother of the deceased. P.W.4, a co-villager, is a post occurrence witness. P.W.5 is a witness to inquest. P.W.6 and 7 are the scientific officer and photographer respectively. P.W.8 is the doctor who conducted post mortem. P.W.9 is the I.O. who has submitted charge-sheet and P.W.10 is the main investigating officer. Defence examined none.;

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