Kuna Munda vs State Of Odisha

Dr. S. Muralidhar, CJ.

This appeal is directed against a judgment dated 15th April, 2005 passed by the Ad hoc Additional Sessions Judge (F.T.), Champua, Keonjhar in S.T. Case No.8/30 of 2004/2000 convicting the Appellant for the offences punishable under Section 302 and 323 IPC and sentencing him to undergo rigorous imprisonment for life for the offence under Section 302 IPC. There was no separate sentence in respect of the offence under Section 323 IPC.

It must be noted at the outset that by an order dated 9th May, 2012 of this Court, the Appellant was enlarged on bail during the pendency of the present appeal.

The prosecution case is that on 25th September, 1999 a report was lodged by one Dibakar Munda (PW 1) of village Giridharipur under Champua Police Station in which it was stated that at around 11.45 pm while he was in his house, Basu Munda (PW 5) and Ladura Munda (PW 3) informed him that the present Appellant Kuna Munda had murdered Bhagirathi Munda, father of PW 5, and had absconded.

The dead body of the deceased was lying on the courtyard of the present Appellant. There was bleeding injury on the upper side of his eye-lid, lower part of the left side lip and outside of the ear and on right side of his head. PW 1 ascertained that on the previous night at around 10 pm while the Appellant was quarrelling with his mother Mukta Munda (PW 2) and beating her, the deceased intervened. The Appellant being annoyed had assaulted the deceased by means of a lathi, also caused injuries on the persons of Mukta Munda (PW 2) and absconded.

PW 1 (Dibakar Munda) came to the police station (PS) and submitted a written report to Bishnu Prasad Sahu (PW 9), the Officer-in-Charge (OIC), Champua at 10 am on 25th September, 1999. PW9 registered it as Champua P.S. Case No.144(10) of 1999 under Sections 302 and 323 IPC. He also took up investigation during which he examined Dibakar Munda (PW 1), Jagabandhu Munda (PW 6) and Nandu Munda (PW 7) and other witnesses. On that day at 11 am, he visited the spot in front of the house of the Appellant. The IO held inquest over the dead body and the deceased was identified. The IO then seized the blood stains and sample earth and sent the dead body to the S.D. Hospital, Champua for post-mortem. PW 2 (Mukta Munda) was also sent to S.D. Hospital, Champua for treatment of the injuries on her forehead.

The IO received the injury report of PW 2. Thereafter, he seized the wearing apparels of the deceased. The Appellant was arrested from the dense forest of Giridharipur on 27th September, 1999 at 9.45 am and was examined in the presence of the witnesses.

While in custody since the Appellant is supposed to have inter alia made a disclosure and also led the police and the witnesses to the cow shed from where he got recovered a wooden lathi from the straw heap.

As noted by the trial Court, it is this wooden lathi which was the weapon of offence with which the Appellant had attacked Bhagirathi and also his mother. The blood group on the shirt and lungi of the Appellant was determined to be O + ive. The articles seized were sent to the SFSL, Rasulgarh for chemical examination and thereafter a charge sheet was filed against the Appellant for the offence punishable under Section 302 and 323 IPC on 16th December, 1999.

On behalf of the prosecution, nine witnesses were examined; none was examined for the defence. The eye-witness to the occurrence was Mukta Munda (PW 2). She was also an injured witness. However, in the course of the trial she turned hostile and failed to support the case of the prosecution.

If this was a case of direct evidence then certainly after the evidence of PW 2, the trial could not have continued against the Appellant. However, the trial Court proceeded to examine if the crime could be proved on the basis of circumstantial evidence.

In its analysis of the evidence, the trial Court noted two factors which were not disputed. One was that the dead body of the deceased was found outside the courtyard of the present Appellant in front of the entrance door. The second factor was that the present Appellant absconded after the occurrence.

The post-mortem report of the doctor (PW-8) revealed the following external injuries suffered by the victim/deceased:

“i) Lacerated wound 2” x 1/3” x 1”, mouth cavity depth situated horizontally over chin in midline a little towards left side;

ii) Lacerated would – 1” x 1/3” x 1/4” situated vertically over forehead above lateral half of left eye;

iii) Bruise – 1/2” x 1/2" situated over right parietal scalp area 3” above right ear.

iv) Bruise – 1” x 3/4” situated over left balar prominence;

v) Bruise – 1/2” x 1/3” situated over left paroted area”

The injuries were all certified to be antemortem in nature and the death was homicidal as per the medical evidence. However, PW 2 turned hostile and the trial Court relied on the evidence of Basu (PW 5), who was intimated about the death of the deceased by PW 6 and PW 7. There is nothing to show that either of PWs was inimical to the Appellant. It was opined by the doctor that the injuries on the body of the deceased could be by a lathi which was seized from the straw heap of the cowshed upon the showing of the Appellant. The medical evidence had also shown that PW2 was injured in the incident. The blood on the lathi was human origin having ‘A’ group. On the other hand, the Appellant’s blood group was O+ive. Learned counsel for the defence was unable to properly explained the matching of the blood group with the blood found on the lathi.

This Court has heard the submission of Mr. C.R. Sahu, learned counsel for the Appellant and Mr. J. Katikia, Addl. Govt. Advocate for the State-Respondent.

Each of the circumstances sought to be proved by the prosecution in the present case formed a continuous chain which pointed to the guilt of the Appellant. The recovery of the weapon of offence was one such circumstance and was satisfactorily proved by the prosecution. The lathi was inside the straw heap in a cowshed.

The opinion of PW 8, the doctor, was categorial regarding the following injuries suffered by the deceased and the death being homicidal:

“i) Lacerated wound 2” x 1/3” x 1”, mouth cavity depth situated horizontally over chin in midline a little towards left side;

ii) Lacerated would – 1” x 1/3” x 1/4” situated vertically over forehead above lateral half of left eye;

iii) Bruise – 1/2” x 1/2" situated over right parietal scalp area 3” above right ear.

iv) Bruise – 1” x 3/4” situated over left balar prominence;

v) Bruise – 1/2” x 1/3” situated over left paroted area”

The chemical examination report showed that the blood group of the deceased matched the blood group found on the lathi. Both were of human origin of ‘A’ group. The Appellant’s blood group was O +ive. From any angle therefore, the Court is unable to be persuaded that the trial Court has committed any error in convicting the Appellant for the offences with which he was charged.

Consequently, there is no merit in the present appeal. It is dismissed as such.

The bail bonds of the Appellant stand cancelled. He is directed to surrender forthwith and, in any event, not later than 1st August, 2023 failing which the IIC of the concerned police station will take steps to have him arrested and brought back to custody to serve out the remainder of his sentence. A copy of this judgment be delivered forthwith to the IIC of the concerned PS.

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