GOURANGA DORA Vs. THE STATE

JUDGEMENT

(1.) THE Appellant stands convicted under Section 302, Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.

(2.) THE prosecution case, in short, is that on 1.5.1967 at about 10 A.M. p.w. 2, 8 Postal Runner, on his way towards village Lanjigarh met p.w. 1 on the way and told him that one Dora of his village was running on the road from Champadeipur to Lanjigarh with an axe in his hand, which was stained with blood, and p.w. 2 asked p.w. 1 to run after that man and catch hold of him p.w. 1 accordingly went running in that direction, and at village Piohhul be met that Dora, the accused, on the road, and questioned him as to where he was going. On his query the accused, the Appellant herein, told him that he killed his wife and was going to inform his daughter about that fact. He also told p.w. 1 that after informing his daughter he would go to the police station. p.w. 1 however could catch hold of the Appellant, and brought him to the village Champadeipur and produced him before the village Member (p.w. 8). While the accused was sitting under a cocoanut tree, in front of the house of p.w. 6, he expressed his desire to see his children and accordingly his son, p.w. 4, and his two other children were caned to that place. After the arrival of p.w. 4 and the other two children the accused confessed before them that he killed his wife with the axe inside his house, and consoled them by saying that they should not think of him any more. He also told them that he would soon go to the police station. The accused then was holding the axe (M.O.I) which had blood stains 00 it. The accused made the above mentioned confessional statement to his children in the presence of p. ws. 1, 6 and 8. Thereafter, the informant p.w. 1 and some of the villagers along with the accused came to Lanjigarh police station and reported the matter to the A.S.I. (p.w. 11), as per the First Information Report (Exhibit 1). On production by the accused, M.O.I, was seized under seizure list Ext. 31 in the presence of p.w. 7. The wearing cloth (M.O. II) and chaddar (M.O. III) were also seized from the person of the accused. During the investigation the accused made a confessional statement (Exhibit 4) before the Magistrate (p. w. 9) admitting the fact that it was he who killed his own wife. After investigation and commitment the accused stood his trial in the Court below for an offence under Section 302, Indian Penal Code and he was convicted and sentenced as stated above.

(3.) THE doctor (p.w. 3) who held the post -mortem examination on the dead body found the following injuries.