(1.) In this case of uxoricide the accused Hrusikesh Das @ Ramesh Biswal has been convicted for having committed the offence under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as "I.P.C." for brevity) for having committed murder of his wife on 7.11.1997. The Appellant has been sentenced to undergo imprisonment for life by the learned Addl. Sessions Judge, Kendrapara, in S.T. No. 39/420 of 1998.
(2.) The Appellant was residing along with his wife in Adhakhanda Matha Sahi and was earning his livelihood by giving tuitions to children. It is alleged by the prosecution that on 7.11.1997 at about 8 to 8.30 P.M. he was seen along with the deceased for the last time while he was taking his wife on a bicycle. On 9.11.1997 head of a woman severed from rest of the body was found on the embankment of Hajajora of the aforesaid village: On receiving information about the same the A.S.I, of Pattamundai Police Station, who has been examined as P.W.12, proceeded to the spot and found that there was huge gathering at the spot where the head was lying. On verification at the spot, P.W.12 ascertained that the head belongs to deceased Shanti Barik wife of the present Appellant. They were staying as tenant of. Rabindranath Sutar and Kanchan Sutar.
(3.) The Appellant resorted the plea of simple denial and pleaded that he has been falsely implicated in this case.