STATE OF ORISSA Vs. SUKURAM MUNDA

JUDGEMENT

(1.) Since both matters arise out of a common judgment passed by learned Ad hoc Additional Sessions Judge (Fast Track Court), Champua in S.T. Case No. 15/75 of 2005/2000, they were heard analogously and are disposed of by this common judgment. FACT :

(2.) Appellant is the son of Sonu Munda, the deceased through his first wife and was residing separately from his father. Sonu Munda sold a piece of land, but out of the sale proceeds he did not give anything to the appellant, for which the latter was bearing a grudge against Sonu Munda. While the matter stood thus, on 24.5.1999 at about 9.30 P.M., the Grama Rakhi of the area (P.W.6) saw the appellant going on the village road armed with bow, arrows and axe. He also noticed that hands of the deceased were stained with blood. Suspecting some foul-play, he rushed to the house of Sonu Munda and found the door of the house lying broken and Sonu Munda, his wife, Junga Munda, son, Kande Munda and daughter, Sambari lying on the floor of the house with multiple bleeding injuries on their persons. He also found a small girl, Kande Munda (P.W.5) concealing herself in the corner of the house trembling with fear. On query the girl told that the appellant broke open the door, entered into the house and attacked the inmates with bow, arrows and axe causing injuries. The Grama Rakhi immediately contacted the security guard available nearby and with his help went to Joda Police Station, where he reported about the incident. All the persons lying at the spot with injuries were removed to the Company Hospital of TISCO for treatment. Sonu Munda, Junga Munda and Sambari Munda succumbed to the injuries at the hospital. Kande Munda somehow survived. After completion of a routine investigation the Investigating Officer submitted charge- sheet for the offences punishable under Sees. 302 and 307, IPC.

(3.) Accused pleaded innocence and claimed for trial.