STATE OF ORISSA Vs. NIRANJAN SHARMA

JUDGEMENT

(1.) The respondent, Niranjan, and the deceased Gayatri, were married about one and a half years before the date of the incident which took place on 26/06/1976 at about 9. 00 p. m. Gayatri was living with her parents. The residence of Gayatri's parents was situate on the first floor of a two storyed building in Saharapara lane, Bargarh town. Since Gayatri had returned from the house of her husband and was not going back the latter was enraged. About 20 to 25 days before the incident, the respondent had assaulted Public Witness 1, his father-in-law, and his wife, gayatri. Public Witness 1 had complained about the same to Public Witness 9 who spoke to Niranjan's father. Niranjan had thereafter apologised for the incident.

(2.) On the date of the incident, the deceased gayatri had gone to the ground floor to answer the call of nature. Her mother, Public Witness 2, was cooking at that time. While she was cooking she heard the cries of her daughter that Niranjan was assaulting her. On hearing the cries, she came down and found the respondent stabbing her daughter. She raised a hue and cry which attracted the attention of pw 3 - Baidehi, Public Witness 9 - Radhamadhab Sahu and Public Witness 11 Jankilal Sunani. By the time these persons came, the assailant fled away. PW 11 chased him but in vain. The prosecution case is that Public Witness 2 narrated the incident to those who had gathered at her residence. PW 1, the father of the deceased, who had gone out to purchase betel had also returned on hearing the hue and cry. Public Witness 2 narrated the incident to him also. Thereafter, Public Witness 1 lodged a F. I. R. , Exh. l, in which he gave the name of the respondent as the assailant. An offence was registered by Public Witness 13 under S. 302, Indian Penal Code, against the respondent and after investigation the respondent was chargesheeted for the murder of his wife, Gayatri. The respondent pleaded not guilty and hi; defence was of total denial.

(3.) The prosecution examined as many as 14 witnesses, but relied mainly on the evidence of Public Witness 2, the mother of the deceased, and sought corroboration from the evidence of pws 1, 3 and 9, since Public Witness 11 was treated hostile. The medical evidence dearly disclosed that Gayatri died a homicidal death. There is and can be no dispute so far as this fact is concerned.