DANDADHARA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant challenging the judgment dated 07.12.2001 passed by the learned Additional Sessions Judge, Nayagarh in S.T. Case No.11/87 of 2000.

(2.) THE case of the prosecution, in short, is that the appellant had married the deceased, who was the daughter of the informant (P.W.4), three and half years prior to the incident. At the time of marriage, P.W.4 had given a cash of Rs.15,000/ -, gold and silver ornaments and household articles as dowry. Four months after the marriage, due to some difference in the family, the appellant and the deceased left their house and lived in a separate house in the same village. The appellant addicted to liquor and sold all the ornaments, utensils and also the cabin in which he was running his betel shop. Then the appellant started assaulting his wife (deceased) to fetch money from her father. In the evening of the previous day of the occurrence, the appellant assaulted his wife and asked her to bring Rs.1,000/ - from her father. On 05.12.1999 at about 9.00 AM, the father of the deceased went to the house of the appellant and pacified the matter. But, on that day (05.12.1999) at about 2.00 PM, the appellant dealt a farsa blow on the neck of the deceased -Rajalaxmi. Getting such information from Santosh Kumar Sahoo (P.W.3), deceased's father (informant) went to the house of the appellant and found his daughter lying dead with cut injury on her neck and throat. At about 300 PM, the informant (P.W.4) lodged the report at Dasapalla Police Station pursuant to which the case was registered. The investigation was taken up by P.W.10 during the course of which he held inquest over the dead body and sent the same for post mortem examination, prepared the spot map and seized the blood stained earth and the sample earth as well as the weapon of offence. Getting V.H.F. message that the appellant surrendered at the police station, the I.O. came there and arrested the appellant. He then sent the appellant for medical examination and collection of nail clippings and blood group. He also seized the full pant of the appellant and ultimately on completion of the investigation filed charge sheet against the appellant.

(3.) THE plea of the appellant is one of complete denial of the allegation. His further plea is that Santosh Kumar Sahoo (P.W.3) had illicit relationship with the deceased. On the date of occurrence, when the appellant returned home, he found his wife and P.W.3 sleeping together on a cot. When the appellant shouted, P.W.3 whirled a farsa and when the deceased got up, the farsa struck on her neck and P.W.3 fled away from the spot.