DINABANDHU PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in this Jail Criminal Appeal assails his conviction and sentence under Sec. 302/201 of the Indian Penal Code, 1860, hereinafter referred as "I.P.C." for brevity, in Sessions Case No.96-B of 2000 of the Court of Sessions Judge, Bolangir.

(2.) The prosecution alleges that the appellant and his wife, the informant Nupura Patel (P.W.1) were residing along with deceased Smt. Jasoda Patel, who happens to be the elder sister of Nupura. The appellant was staying with his wife and the deceased Jasoda, being the illatom son-in-law (Gharajoin). Jasoda was a widow and maintaining the entire family by purchasing earthen pots from Loisingha and selling the same at Sambalpur. The occurrence took place on 12.04.2000, a Wednesday. As usual, the deceased Jasoda had been to Sambalpur from Loisingha by train taking earthen pots to sell and Gouranga Meher (P.W.2) had accompanied her. Deceased Jasoda used to return in the night but on the fateful night she did not return. P.W.1 Nupura Patel searched but could not get any trace of her. On 14.04.2000, i.e. on Friday, dead body of the deceased Jasoda was found lying in a well in the land of one Bihari Agrawala near Loisingha Railway Station. Nupura Patel (P.W.1) therefore, lodged the F.I.R. before the Officer-in-charge, Loisingha Police Station suspecting the appellant as he was in the habit of quarrelling with Jasoda. Moreover, she has further reported that on the following day of occurrence, i.e. on Thursday, Nupura saw the accused bringing a pair of Chapal of Jasoda and keeping the same inside a gunny bag. She also marked some scratch marks on the face and body of the accused which appeared to be nail marks and the accused in the night of occurrence i.e. on the Wednesday returned home at about mid-night. Accordingly, she suspected the accused to be the author of the crime.

(3.) In course of investigation, the investigating Officer seized the pair of Chappal concealed by the accused. He also seized a nose-flower belonging to the deceased. Moreover, while in custody, the appellant gave a statement before the police, which led to the discovery of the weapon of offence i.e. Tabli (axe). On the basis of such materials and the alleged extra-judicial confession, the Investigating Officer submitted charge-sheet against the accused under Sec. 302 of the I.P.C.