LENDU PARAJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant faced trial for commission of offence under Section 302 of Indian Penal Code for causing death of his wife Sanai in the night of 25.11.1997 at village Fukaguda. The trial court found him guilty of the offence and sentenced him for imprisonment for life. Hence this appeal.

(2.) THE case of the prosecution is that in the night of 25/26.11.1997 hearing hullah of the deceased P. Ws. 1, 2 and 3 went to the house of the Appellant and saw the Appellant assaulting the deceased by giving fist and kick blows. When the said witnesses intervened, they were threatened and out of fear they left the place. On the next day morning the Appellant left his house and did not return to the village. A village panch was convened on 26.11.1997 which was attended by some of the witnesses namely P. Ws. 1, 2 and 5, but the Appellant did not attend. The deceased who was present in the village panch disclosed that she was having pain in her stomach and chest because of the assault received by her at the instance of the Appellant in the previous night. Later on the deceased died on 03.12.1997. P.W.2 went to the Police Station along with P.W.1 and lodged the F.I.R., on the basis of which investigation was taken up. Charge sheet was filed for commission of offence under Section 302 I.P.C. against the Appellant and he faced trial for commission of the said offence. Relying on the evidence of P. Ws.1, 2 and 3 as well as the disclosure made by the deceased in the village panch, the trial court found the accused guilty of the charge and convicted him thereunder.

(3.) THE prosecution in order to prove the charge examined nine witnesses, out of whom P. Ws. 1, 2 and 3 claimed to have seen the Appellant assaulting the deceased by kick and fist blows in the night of occurrence. P.W.4 is the daughter of the deceased, who came to the house of the deceased after the incident. She was informed by the deceased that the Appellant had assaulted the deceased on her belly severely for which she was suffering pain. P.W.5 is a witness who was present in the village panch when a disclosure was made by the deceased to the effect that she was assaulted on her belly by the Appellant. P.W.6 is a witness to the seizure and P.W.7 is the doctor, who conducted the Post -Mortem examination, P.W.8 is a constable who accompanied the dead body for Post -Mortem examination and P.W.9 is the I.O.