RAMAKANTA PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Jail Criminal Appeal, the Appellant challenges the judgment and order dated 08.01.2001 passed by the learned Additional Sessions Judge, Jharsuguda in S.T. Case No. 177/ 19 of 2000 convicting him under Sections 302 and 201, I.P.C. and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for seven years for the offence under Section 201, IPC.

(2.) The case of the prosecution is that on 05.02.2000 the accused, who happens to be the maternal uncle of P.W.2, arrived at the house of one Kartik Patel at Jharsuguda where P.W.2 was staying and confessed before P.W.2 that he (accused) and his wife (deceased) were going to the house of the uncle (Mausa) of P.W.2 for procuring money. On their way, on the river bed of Telen the accused throttled the deceased to death and buried her dead body in the sands of the said river. On hearing that, P.W.2 asked the accused to wait and proceeded outside but during his absence the accused escaped from the said house. P.W.2 searched for the accused and first went to village Kainsir where he informed the facts to his relatives and villagers. Then he (P.W.2) proceeded to the house of his "MAUSA" Naba Bhusan Patel in village Mundrajor and informed him about the extra judicial confession and absconding of the accused. Thereafter, all the caste people searched for the accused and on 13.02.2000 traced him at village Kudaloi. They brought him to village Mundrajor and proceeded to the river bed of Telen. There P.W.2 and others found the saree and tuft of the deceased lying and the face and the leg below the knee to have been devoured by stray dogs and wolves. Narayan Patel, the son of the accused, identified the Sambalpuri saree and blouse which were lying on the bed of river Telen near the deceased. There also the accused confessed before P.W.2 and other caste people that on 04.02.20,00 at about 4 p.m. He and his wife Bilash got down at Ainthapali Chhak from the Trekker and while proceeding to Mundrajor the accused on the pretext of easing himself on river bed of river Telen proceeded there and throttled his wife to death as the deceased had illicit relationship with her brother-in-law (BHENEI). Dinger Patel and to wipe out the evidence buried the dead body of his wife in the sands of river Telen. It is alleged that the accused had made such extrajudicial confession before Naba Bhusan Patel (P.W.3), Tularam Patel (P.W.4), Kamal Lochan Patel and Sankarsan Patel, etc. P.W.2 orally reported the matter on 14.02.2000 before the OIC, Laikera P.S. and on receipt of the same the police registered the case, took up investigation and on its completion placed charge-sheet against the accused.

(3.) The plea of the Appellant is one of complete denial of the allegation. His further plea is that he was always respecting his wife and he does not know if his wife is alive or dead and he has been falsely implicated in this case.