RANKANIDHI DAKUA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the sole appellant-Rankanidhi Dakua has challenged the judgment and order of conviction dated 16.10.2004 for the offence under Section 302 of the I.P.C. (hereinafter referred to as "I.P.C." for brevity) passed by the learned Addl. Sessions Judge, Bhanjanagar in S.C. Case 16/2003[S.C. No.124/2003 (G.D.C.)]. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- (rupees one thousand) in default to undergo further rigorous imprisonment for six months.

(2.) The case of the prosecution can be stated briefly as follows: The informant, Dinabandhu Pradhan, who is examined in this case as P.W.2 is a permanent resident of village Paitagan and so also the accused of this case. Chandradhwaja Dakua, P.W.4, is the elder brother of the accused and he used to reside at village Benakunda, but on the occasion of Astraprahari Namo Jangya he had come to village Paitagan and resided in the house of his mother. The mother of Chandradhwaja and sister of Chandradhwaja were residing in one house and accused was residing in another house but both the houses are almost all adjacent. It is alleged that on 16.11.2002 the accused and his wife Bhagyalata had been to village Mujagado but in the said village quarrel ensued between the accused and his wife and Mochi Dakua who is a relative of the accused intervened and brought the accused and his wife and left them at village Paitagan and the wife of the accused was residing with the mother of the accused. At about 8.00 P.M. of 19.11.2002 P.W.4 appeared at village Dando and in presence of the villagers disclosed that his brother, namely, accused Rankanidhi had caused the death of said Bhagyalata by assaulting her by means of tangia.

(3.) Thereafter, the informant and some of his villagers proceeded to the ancestral house of Chandradhwaja Dakua where the mother of Chandradhwaja, sister of Chandradhwaja and wife of Chandradhwaja were there. The informant and his companions found Bhagyalata was lying dead with injury on her head and other parts of her body and there was severe bleeding from the injuries. Being asked by the informant and some of his villagers the accused disclosed and made extra-judicial confession that he killed his wife. When the accused was asked by the informant and his companions the reason for which he killed his wife the accused replied "MAANKO HUKUM HELA ENU MARILI". The matter was reported to the gram Rakhi Devaraj Naik and the Grama Rakhi guarded the place of murder on the night including the informant till the morning on receipt of telephonic message of the informant the I.I.C. of Bhanjanagar P.S. Directed the S.I. of Police, P.W.14, to proceed to village Nuagam to ascertain the truth of the telephonic message and thereafter P.W.14 proceeded to village Paitagan and reached there at about 10 A.M. P.W.2 presented a written report to P.W.14 regarding the occurrence. As the report revealed a cognizable case under Section 302 of the I.P.C., P.W.14 treated the said report as F.I.R. and took up preliminary investigation and had sent the original report to Bhanjanagar P.S. for registration of the case. Subsequently Bhanjanagar P.S. Case No.234/2002 was registered and P.W.14 was directed to proceed with the investigation of the case.