PADMALOCHAN BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 07.02.2000 passed by learned Additional Sessions Judge, Sambalpur in S.T. No.54/6 of 1998 convicting the appellant under Section 302 of the Indian Penal Code (for short 'the I.P.C.') and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 3000/- in default to undergo R.I. for one year more which shall run concurrently.

(2.) Deceased was the mother-in-law of the accused and elder sister of the informant P.W.1. On 05.07.1997 at 9.30 A.M., P.W.1 appeared at Jamankira P.S. and orally reported that his elder sister Chandantula Naik (deceased) died at village Kalapada on 04.07.1997 at about 2.00 P.M. which he suspected to be a case of murder. On the said information A.S.I. of police (P.W.12) registered Jamankira P.S. U.D. Case No.3 of 1997. During enquiry he detected ligature mark on the neck of the deceased and stains of blood in her mouth. During further enquiry he could know that the accused killed the deceased on 04.07.1997 by strangulation due to domestic quarrel. He could also know that Kamala Chuti (P.W.6) witnessed the occurrence and the accused also made extrajudicial confession before the villagers. After receipt of post-mortem examination report, he (P.W.12) lodged written report (Ext.7) before the O.I.C., Jamankira P.S. who in turn on the basis of the said report registered P.S. Case No.49 of 1997 under Section 302 of the I.P.C. During investigation, the I.O. (P.W.10) examined the witnesses and arrested the accused. While in custody, the accused in presence of the witnesses made disclosure statement, led the police and the witnesses to his house and gave recovery of a napkin which was seized by the I.O. (P.W.10). On completion of investigation, charge-sheet was submitted against the accused.

(3.) Defence plea is one of complete denial.