(1.) CONVICTION and sentence passed by the learned Second Addl. Sessions Judge, Berhampur dated 30.11.94 in Sessions Case No. 24/94 (S.C. No. 205/94 GDC) directing the appellant to undergo imprisonment for life has been assailed in this appeal.
(2.) PROSECUTION case in short as described in the trial Court's judgment is as follows. Deceased was the adoptive mother of the appellant. She adopted the appellant and got him married with her daughter's daughter (P.W.2) four years preceding to the date of occurrence. After his marriage the appellant and his wife were living in the house of the deceased. The appellant and P.W.2 were blessed with a son who was about one year at the time of occurrence. On 15.4.94 the parents of P.W.2 had gone to the house of deceased to attend the first birthday anniversary of their grand -son. Deceased asked the appellant to present his in -law with new clothes on that occasion. But unfortunately he turned it down the therefore there was a quarrel between the two. On the following day, i.e. on the day of birth anniversary, in the morning at about 6 a.m. when the appellant lighted a lamp the deceased objected to it. Again there was a heated discussion and in course of such quarrel, the appellant lost his self -control and 'picked up a kati and assaulted the deceased on the head and shoulder', as a result of which she instantaneously died. Thereafter he chased to assault his wife (P.W.2) who saved herself by fleeing away from the spot. The appellant then unsuccessfully tried to commit suicide with the very same weapon.
(3.) ON receipt of the information the police took up investigation. The Investigating Officer held inquest over the dead body. - sent it for post mortem examination, seized the kati which was lying there, arrested the accused and also seized the wearing apparels and sent them for chemical examination and found that the wearing apparels of both the persons were stained with human blood of the same group. On completion of investigation he had placed charge -sheet against the appellant.