STATE OF ORISSA Vs. MURALIDHAR SAHU

JUDGEMENT

(1.) The accused-appellant has been convicted under Section 302, Indian Penal Code and sentenced to death for having committed murder of his wife Bimala Sahu on 2/3-5-1999. Reference has also been made by the learned Addl. Sessions Judge, Nuapada under Section 374, Criminal Procedure Code for confirmation of the sentence of death in Session Case No. 79/14 of 1999/2000.

(2.) The skeletal picture of the prosecution story is that on 3-5-1999 around 12.30 p.m. the Medical Officer of Evangelical Hospital, Khariar, Dr. R. N. Raju, sent a report to Khariar police station informing that a patient Bimala Sahu, who was admitted in their hospital died at about 1.45 a.m. on 3-5-1999 due to suspected administration of poison. On the basis of the said report U.D. Case No. 7/99 was registered as a consequence whereof the A.S.I. of Police Sri D. R. Gadtia (P.W. 10) was directed to enquire into the matter. The said A.S.I. held inquest over the dead body of the deceased, sent it for post-mortem examination and also a report to the Officer-in-charge of Khariar Police Station informing him that the deceased-Bimla Sahu, who was a patient in Bed No. 28 of Evangelical hospital had been administered poison which resulted in her death. It was further narrated that before her death, Bimala Sahu is said to have made a dying declaration before P.W. 1, Salini Tandi, who recorded the same on the bed head ticket at 9.30 a.m. on 2-5-1999. Deceased-Bimala Sahu is said to have disclosed to P.W. 1 Salini Tandi that her husband gave her black coloured liquid in the morning. After some time of taking such liquid she felt pain and discomfort in her abdomen. She was, therefore, shifted to the recovery room verandah and immediate treatment was provided to Bimala Sahu, but no such treatment could bring her to normal life and ultimately she breathed her last around 1.45 a.m. on 3-5-1999. A case was registered under S. 302, I.P.C. against the appellant whereupon further investigation was carried out. During investigation, it is alleged by the prosecution that the accused-appellant while in custody led to the discovery of concealed poison bottle and in consequence of such discovery it was seized.

(3.) The plea of the accused-appellant before the learned Addl. Sessions Judge was one of innocence and he further stated to have been falsely implicated in the case. After post-mortem examination it is said that the viscera of the deceased along with the poison bottle had been sent for chemical examination and after receipt of the report from the chemical analyst it was found that the death had occurred due to poison. Therefore, prosecution placed the charge-sheet against the accused-appellant. It was committed to the Court of Session and finally the accused stood prosecuted for having committed the offence of murder of his own wife Bimala Sahu.