HIKOKA SOMEYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 22.01.2000 passed by the learned Sessions Judge, Koraput at Jeypore in Sessions Case No. 148 of 1997 convicting the Appellant under Section 302/201, IPC 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, the sentences to run concurrently.

(2.) The prosecution case is that on 06.02.1997 at 3.00 P.M. the informant along with his wife (deceased) had been to Bikrampur to borrow money. At 4 P.M. on that day while returning to their village, they met the Appellant and his wife on the way. The deceased went to the hut of the Appellant and asked him to return Rs.15/- which he had borrowed from her since last Pausa Festival. On account of that, there was a quarrel between the two. The Appellant gave a blow to the deceased by means of a Paddy Husking Pound which landed on her chest. When the informant (P.W.1) protested, the accused also chased him to assault by holding a Suli Dango. The informant went away to the field of Hikoka Lati and concealed there. But the Appellant rushed there and assaulted him by means of a Suli Dango. Out of fear, the informant fled away from there and took shelter in the house of his father-in-law. On the next day, getting information about the death of his wife the informant went and saw his wife lying dead on the road which was two furlongs away from the hut of the Appellant. Thereafter, the informant went to Narayanpatna Police Station and reported the incident orally. Police reduced his report to writing, registered the case, sent the informant for medical examination and proceeded with the investigation. After closure of investigation, charge sheet was submitted against the Appellant under Sections 302/201, IPC.

(3.) Plea of the Appellant was of complete denial and false implication.