GOVINDA CHANDRA CHINERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for offences committed under Secs. 302/201 of the Penal Code, has preferred this appeal.

(2.) CASE of the prosecution is that deceased is the wife of the appellant and they were residing in their own house along with their three sons Ramesh Chandra Chinera (PW 1), Pradip Kumar Chinera (PW 2) and another in village Rajsunakhala. The appellant suspected his wife to be involved in extra -marital relationship for which he was ill -treating her. In the night of occurrence the appellant, deceased and their sons went to bed as usual and early in the morning the dead body of the deceased was found on her bed. Brother of the appellant Madan Mohan Chinera who was also residing in the same village on getting information about death of the deceased, came to the house of the appellant and being suspicious about the cause of death the matter was reported in Bankoi Out Post and a U.D. case was registered. PW 8 took over charge of investigation whereafter same was handed over to PW 9, Circle Inspector of Police, Khurda. After completion of investigation, charge -sheet was submitted for offences alleged to have been committed under Secs. 302/201 of the Penal Code and the appellant faced the trial.

(3.) LEARNED Additional Sessions Judge solely on the basis of the judicial confession convicted the appellant and sentenced him to undergo rigorous imprisonment for life for conviction under Sec. 302 of the Penal Code and rigorous imprisonment for three years for conviction under Sec. 201 of the Penal Code.