GANESWAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order dated 07.05.1999 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 81 of 1995 convicting the Appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that the deceased Sarojini is the only daughter of her widow mother Marua (P.W.4). She had married the accused -Appellant on 06.03.1994 and the accused was residing in the house of Marua as illatom son -in -law. Due to dispute with deceased Sarojini, the accused left the house of Marua during Bahuda Jatra of 1994 and went to his own village. After a month or so, he came back to the house of Marua. On that day, when he was served with food during lunch he quarrelled with his wife and went away with the lunch plate declaring before the villagers that he was served with poisonous food. A few days later, on receipt of a letter from the Ward Member (P.W.5), the accused came to the house of Marua, returned the plate, stayed for one night and went back to his house. On 21.02.1995 at about 3.00 PM, the accused again arrived at the house of Marua. In the night, after taking dinner Marua slept in a separate room and the accused slept along with the deceased in an adjacent room. Coming to know that the accused and the deceased were discussing with each other, Marua came out of her room and heard the accused insisting to record all the properties in his name. The deceased was saying that the same would only be possible after her mother's death. At this, the accused got enraged and asked the deceased to go with him to his house, but the deceased refused. By then it was 12 mid -night. Hearing their discussion, Marua went to her room but till 2:00 AM she had no sleep. Some time after 2.00 AM, she felt asleep and suddenly woke up from sleep hearing the shout of her daughter who gave out that "O' mother, I am dying. The person whom you sheltered murdered me and escaped." Suddenly, Marua (P.W.4) came out of her room and by that time the deceased had also come out of her room to the verandah by pressing her palms on her abdomen. P.W.4 shouted by taking the names of Mukunda and Niranjan, who are her neighbours. They all reached the spot and in their presence the deceased gave out that the accused had stabbed her with a knife and escaped. There was profuse bleeding from the wound and the deceased succumbed to the injury on the spot. On the same day, i.e., 22.02.1995, P.W.4 lodged FIR at Bamebari Outpost. The police registered case, investigated into the matter and ultimately filed charge -sheet against the accused -Appellant under Section 302, IPC.

(3.) THE plea of the accused is one of complete denial of the allegations. His specific plea is that the deceased sustained injury by fall either on the knife or axe kept in the bedroom while she wanted to come out to attend call of nature. In the alternative, he took a plea that the deceased might have committed suicide.