HARI TIRIYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.8.2005 passed by the learned Additional Sessions Judge, Talcher in S.T. Case No.8 of 2004 convicting the appel-lant for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') and sentencing him to imprisonment for life.

(2.) The case of the prosecution as revealed from the F.I.R. and the evidence produced be-fore the trial Court is that on 22.9.2003, P.W.I the informant, who is the Grama Rakhi of the village submitted a written report before P. W. 11 alleging therein that at about 10 a.m. he was informed that the appellant has killed his wife and has concealed the dead body in his house. He along with the sister and brother-in-law of the appellant went to the spot and came to know that on the previous day at about 4 p.m. the appellant and the deceased had together gone to the house of the sister of the appellant to bring their daughter Sumitra and in relation to that issue, there was a quarrel between the appel-lant and deceased and they came back home. At about 8 p.m.. the appellant went to his sister's house and informed that the deceased is lying on the road. Thereafter the dead body of the deceased was brought to the house of the sister of the appellant in the early morning and again it was brought to the house of the appellant. It is further alleged that in view of the quarrel be-tween the appellant and deceased on the previ-ous day, the appellant had killed his wife by means of a Tangia which he was holding. On the basis of such allegations, the F.I.R. having been registered for commission of offence un-der Section 302 of the I.P.C, investigation was taken up and charge-sheet was filed for com-mission of the said offence.

(3.) The plea of the appellant is complete de-nial of the entire prosecution case and false im-plication. The further plea of the appellant was that in the night previous to the date of occur-rence he and the deceased were returning from Rohila in a drunken state and the deceased fell in a ditch inside Majhi jungle and became sense-less. He called his sister from the village and brought the deceased back to his house but the deceased had sustained swelling injuries on her left face near left ear.