BUNDA MUNDA Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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(1.) In this appeal, the sole appellant-Bunda Munda has challenged the judgment and order of conviction and sentence dated 21.6.2006 for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as "Penal Code" for brevity) passed by the learned Adhoc Addl. Sessions Judge, Bonai in S.T. Case No.23/50 of 2004. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand) in default to undergo further rigorous imprisonment for one year.
(2.) The case of the prosecution in brief is that on 13.9.2003 at about 7.00 P.M. when the informant Rupa Munda (P.W.6) returned to his house, his wife Masali Munda informed him that in the evening at about 5 P.M. while she (Masali Munda) along with Gahma Munda (deceased) and one Mahajana Munda (P.W.2) were sitting on their Varandah, at that time the accused (younger brother of deceased) being armed with Dauli (M.O.III), came there and assaulted his brother Gahma Munda (deceased) repeatedly on his head and leg as a result of which the deceased fell down with profuse bleeding injury and died on the spot. Hearing this incident from Masali Munda, the informant went to the spot and found the deceased lying dead and out of fear, he left the spot with his wife Masali and stayed in his brother-in-law's house in the night and on the next day on 14.9.2003 morning, he reported the fact to the villagers and lodged F.I.R. in the Loira Police Station orally which was reduced into writing by the I.O. (P.W.7). Thereafter, the O.I.C. registered P.S. case No.42/2003 and took up investigation of the case.
(3.) The defence took the plea of complete denial to the involvement of the appellants in the alleged incident.;
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