Cuttack: Orissa High Court has given relief - second time in less than a fortnight - to another man, who was sentenced to life imprisonment for committing murder, because he belonged to the adivasi community.

Setting aside Hadibandu Munda's punishment, the high court found it fit for him to serve 10 years and ordered his release as he had already been in jail for that period.

The court nullified conviction of the accused and making out a case of "culpable homicide" against him. The high court observed that the person assaulted the deceased "on the spur of the moment due to sudden provocation and heat of passion" and "such act was without intention and premeditation".

On July 17, 2004, at Kantalai in Telkoi police limits, Hadibandu had got enraged and assaulted Sambaria Munda with an axe when he entered the bullock in his field even after being cautioned by him. The additional sessions judge (fast track court), Keonjhar, found him guilty of committing murder and sentenced him to imprisonment for life on April 13, 2005. He had challenged it in high court in the same year. The high court gave Hadibandu the relief on November 11.

The division bench of Justice Sanju Panda and Justice S.N. Prasad observed: "The appellant (Hadibandu) belongs to the adivasi community. It is obvious that such people are of different mindset, and they commit offences on the spur of moment. On the pit of such uncontrollable anger, he assaulted the deceased. There was no premeditation since the appellant had not come prepared particularly for the said incident."

"The trial court had not taken into consideration while passing the sentence that the appellant was an adivasi, that is a scheduled tribe community. Normally, tempers run high with tribal people and often they give vent to their basic instincts without restraint," the bench ruled.

"Accordingly, we set aside the order of conviction under Section 302 of the IPC and sentence of imprisonment for life passed by the additional sessions judge, fast track court, Keonjhar and instead convict the appellant under Section 304, Part-I of the IPC and sentence him to undergo imprisonment for 10 years," the bench ruled.

On October 26, the division bench of Justice Sanju Panda and Justice S.K. Sahoo had given an identical relief to Guru Sisa (adivasi), who had had got enraged and shot an arrow at his father.

Guru's father had died four days later.