SITARAM PRADHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.10.1 998 passed by the learned Additional Sessions Judge Titilagarh in Sessions Case No. 123/20 of 1997 convicting the appellants under Sections 302/201, IPC and sentencing them to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for three years and to pay fine of Rs. 500/- in default to undergo rigorous imprisonment for one month for the offence under Section 201, I.P.C. with a direction to run the sentences concurrently.

(2.) The prosecution case in brief is that on 16.11.1997 at about 11.00 AM at village-Rahenbhata the appellants committed murder of deceased Raibari, the first wife of appellant No. 1, in their house giving blows with Bamboo lathi and buried the dead body in their nearby Bandhanbahali land with a view to cause disappearance of evidence. On the death of the deceased in suspicious circumstances and subsequent absconding of the appellants, a meeting was held in the village and on the verbal report of the informant (P.W.1), a local villager, at the Titilagarh P.S. the case was registered, the matter was investigated into, locked house of the appellants was searched and from their cultivable land dead body of the deceased was recovered on digging the earth. On completion of investigation, charge-sheet was filed against the appellants under Sections 302/201/34 I.P.C.

(3.) The plea of the appellants is complete denial of the allegation. Prosecution in order to prove the charge examined as many as ten witnesses including the I.O. and the doctor and exhibited 12 documents. Defence examined none.