ISWAR BISOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment and order dated 20.04.2001 passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in S.C. No. 23 of 1999 convicting the Appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life is assailed in this appeal.

(2.) The Appellant has been convicted for having committed murder of his wife, who is the sister of the informant. The allegation, as borne out from the FIR, is that 4 to 5 years back from the date of occurrence the Appellant had been staying with the deceased in village Badkutra, which is the village of the deceased, leaving his own village Digisalpa after a few days of their marriage. Twelve to fifteen days prior to the date of occurrence, there was a quarrel between the Appellant and the deceased, for which the informant brought his sister to his house. On 11.9.98 at about 9:00 AM, when the deceased was taking bath at Sagadia tank, the Appellant dealt lathi blows on her and fled away. Hearing the incident, the informant went to the spot and found his sister lying dead in the bathing ghat. Thereafter, he went to Kutru Outpost under Jaipatna police station and lodged a written report. On receipt of the same, the police registered the case, took up investigation and after its completion filed charge sheet against the Appellant under Section 302, I.P.C.

(3.) On receipt of the charge-sheet, the learned Magistrate took cognizance of the offence and committed the case to the Court of Session. The learned Sessions Judge framed charge under Section 302, IPC against the Appellant who pleaded not guilty and claimed to be tried. From the side of the prosecution, nine witnesses were examined including the doctor and the investigating officer and fourteen documents were exhibited. None was examined on behalf of the Appellant in his defence. In his statement under Section 313, Code of Criminal Procedure, the Appellant took the plea of denial. The learned Sessions Judge believed the case of the prosecution, convicted the Appellant under Section 302, IPC basing upon the admission of P.W.6 in the cross-examination made by the prosecution, evidence of leading to discovery, medical evidence and the circumstantial evidence and sentenced him to imprisonment for life.