- (1.) By Court :- This appeal is directed against the judgment of conviction and order of sentence dated 22.3.2005 passed by the then Sessions Judge, SeraikellaKharsawan, Seraikella in S.T. No. 61 of 2003 whereby and whereunder, the court, having found the appellant guilty for committing murder of his wifeDropadi Mundain and also for disposing of her dead-body in order to screen himself from the legal punishment, convicted him for the offence punishable under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for five years for the offence under Section 201 of the Indian Penal Code. Both the sentences were ordered to run concurrently.
(2.) The case of the prosecution, as has been projected, is that the deceased-Dropadi Mundain had been married to the appellant-Kamal Singh Munda six years before the deceased was done to death. Out of their wedlock, two children begotten. The appellant was in habit of assaulting the deceased. 22 days before lodgment of the case, the deceased-Dropadi Mundain had come to the house of her brother, informant-Shashodhar Singh Munda (P.W. 8), and disclosed that the appellant did assault her badly as she had refused to give tobacco to him and he has also held out threat of dire consequence. The informant-Shashodhar Singh Munda (P.W. 8) when made her understand to go and to live with her husband, the deceased went to her in-laws' place. On 22.8.2002 Chhutu Singh Munda, father of the appellant, came to the house of the informant and informed him that the deceased is in precarious condition on account of having diarrhoea. On getting such information, the informant -Shashodhar Singh Munda (P.W. 8) came to the place of his sister where this appellant told him that the deceased has died on account of having diarrhoea. The appellant did not allow the informant to see the dead-body rather on the day when she was killed the appellant buried the dead-body. The informant came back to his village where he informed all about it to his uncle-Baldeo Singh Munda (P.W.9). Thereupon the informant as well as Baldeo Singh Munda (P.W.9) came to the Ichagarh police station where the informant gave his fard beyan upon which FIR (Ext. 3) was drawn against the appellant and four other accused persons. Thereupon, the Investigating Officer (P.W.7) took up the investigation. During investigation, when the Investigating Officer did come to know that the dead-body has been buried in the courtyard of the appellant, he sent a requisition to the Sunil Kumar Jha (P.W.5), the then BDO, for exhuming the dead body. Acting upon such requisition, Sunil Kumar Jha (P.W.5) did come to the house of the appellant and exhumed the dead-body from the backyard of the appellant whereupon P.W.5 held inquest on the dead-body of the deceased and prepared an inquest report (Ext.1). Thereupon the dead-body was sent for postmortem examination which was conducted by Dr. Niranjan Minz (P.W.6) who upon holding autopsy on the dead-body of the deceased found the following injuries :- Abrasion i. 31cm x 20cm x left glutal region. ii. 10cm x 6cm, 9cm x 7cm on the back at lumber region. Bruise i. 8cm x 21/2 cm, 91/2 cm x 3cm on the back of chest. ii. 4cm x 3cm on right arm lateral side. Internal injuries Contusion was found over right fronto parietal scalp measuring 9cm x 7cm area which was depressed; fracture of right fronto parietal bones measuring 6cm x 5cm area with presence of subdural blood and blood clots over both sides of the brain with defused contusion of the right hemisphere of the brain.
(3.) The doctor issued postmortem examination report (Ext. 2) with an opinion that the death was caused on account of head injury. Time elapsed since death was found 6 to 8 days before. Meanwhile, the Investigating Officer recorded the statements of the witnesses and found the culpability only of this appellant and therefore, charge-sheet was submitted only against this appellant, whereas other accused persons were exonerated.;