GOBINDA TAKIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants have assailed the judgment and order of conviction dated 30.11.2005 passed by the learned Sessions Judge, Koraput, Jeypore in Criminal Trial Case No. 430 of 2004 convicting them under Sections 302/34 I.P.C. and sentencing them to undergo imprisonment for life and pay a fine of Rs. 5,000/- each, in default to undergo R.I. for six months.

(2.) The case of the prosecution is that on 28.06.2004 at about 8.00 PM, both the accused persons, being the father-in-law and wife of the deceased, quarrelled with him. During such quarrel, the wife of the deceased instigated her father to kill the deceased. After some time, the informant, who is the sister of the deceased, came to the house of the deceased to call him but he did not come. On the next morning, she again went to the house of the deceased and found him absent. On search, the dead body of the deceased was traced near Champabati river with injury mark on his head. Her nephew Suresh Garada (son of the deceased) told her that on the previous night, his mother (Appellant No. 2), grand-father (Appellant No. 1) and grand-mother were quarrelling with his father. Thereafter, all of them, except his grand-mother, went to take liquor, wherefrom his father did not return. Getting this information, the informant became confirmed that her brother (deceased) has been murdered by his wife (Appellant No. 2) and father-in-law (Appellant No. 1). So, she lodged F.I.R. in Narayanpatna Police Station on receipt of which Narayanapatna P.S. Case No. 31 of 2004 was registered, investigation commenced and on its completion charge-sheet was laid against the Appellants under Sections 302/34 I.P.C.

(3.) The plea of the Appellant is one of complete denial and false implication.