DUTIA PUTEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Dutia Putel has preferred this appeal as he has been found guilty under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life by the learned Additional Sessions Judge, Titilagarh in Sessions Case No.69(B)/25 of 2003 vide judgment and order dated 22.12.2004 for committing uxoricide on 25.02.2003 at about 02.30 p.m. in village Malpada.

(2.) The prosecution case, as per the first information report lodged by Dhaneswar Chhatria (P.W.4) before the officer in charge of Bangomunda police station on 25.02.2003 is that on that day while Yajna was going on in his village Malpada, at about 2.30 p.m. hearing the hullah of Budhabari Putel (hereinafter 'the deceased'), wife of the appellant from the side of her house, the informant along with others rushed to the house of the appellant and found the deceased lying with bleeding injuries and the appellant was standing at the door. The appellant being confronted by the villagers confessed that he had committed murder of the deceased and thereafter he tried to run away from the spot holding a knife. It is the further prosecution case as per the first information report that the appellant was chased by the villagers and was caught hold off by them. At that point of time, the blood stained knife was not with him and on being confronted, the appellant told that he had thrown the knife on the way. Thereafter the appellant was brought to the village and it was found that the deceased was lying dead with cut injuries on her neck.

(3.) P.W.15 Kirati Chandra Mishra, S.I. of Police and officer in charge of Bangomunda Police Station, on receipt of the written report, registered the case and took up investigation. During investigation, he visited the spot, examined the witnesses, conducted inquest over the dead body and prepared the inquest report (Ext.1/5), sent the dead body for post mortem examination to Community Health Centre, Kantabanjhi, seized the blood stained earth and sample earth from the spot and also effected some seizures. The appellant was taken into custody and while in police custody, he confessed his guilt and also disclosed to point out the place where he had thrown the knife and accordingly, he led P.W.15 and others to a cow-shed and gave recovery of the blood stained knife, which was seized under the seizure list (Ext.8/2). The appellant was then sent to the Medical Officer of Bangomunda C.H.C. where his nail clippings were collected and the requisition was also made for collection of his blood sample. The wearing apparels of the appellant were seized and the dead body was sent for post mortem examination and the seized knife was also sent to the Medical Officer, C.H.C., Kantabanji for examination and to give opinion regarding possibility of injuries on the deceased by such weapon. The incriminating seized articles were sent for chemical analysis and the chemical analysis report (Ext.18) was received and on completion of investigation, charge sheet was submitted against the appellant under section 302 of the Indian Penal Code.