BANA MUNDA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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(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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