MARSHAL BARU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the order dated 23.9.1999 passed by Sri B.K. Mishra, the learned Additional Sessions Judge, Jharsuguda in S.T. Case No. 282-47 of 1998-99 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that the deceased Basanti Baru was the sister of the informant Abraham Das (P.W.1), who married accused-appellant, a resident of village Tingismal, in the year 1986; and out of their wedlock, they were blessed with two sons and one daughter. As the accused-appellant was working in mines, he was living with his deceased-wife and children in Bundia colony. On 27.3.1998, at about 5:00 PM, when P.W.1 got information that his sister Basanti Baru had died, he proceeded to the village Tingismal i.e. the house of his sister and found her sister lying dead. When P.W. made query as to how his sister died, the accused-appellant told him that his sister died of Cholera last night and after saying so, the accused-appellant escaped from his house. Thereafter, the appellant could not be traced in spite of search and P.W.1 having found some marks of injuries on the neck, chest and leg of the deceased and suspecting foul play regarding the death of deceased Basanti Baru, lodged an information before the S.I. of Police, Rampur Out Post. On receipt of such information, Rampur Out Post U.D. Case No. 1 of 1998 was registered and enquiry was taken up. During inquiry, the Investigating Officer, namely, Nagarjuna Pradhan (P.W. 10) visited village Tingismal, conducted inquest over the dead body and sent the same for Post Mortem examination whereafter the U.D. case was turned to a case of murder and ultimately after completion of the investigation, chargesheet was filed against the present accused-appellant Under Section 302 I.P.C.

(3.) The plea of the accused is that of complete denial of the allegations.