NEKRU @ ALEKH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal from jail, the appellant has assailed the judgment dated 25.01.2000 passed by the learned Additional Sessions Judge, Angul in S.T. No.88A of 1997/88 of 1997 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution in a nutshell is that the informant (P.W.1), who is the brother of the deceased, lodged an FIR before NTPC police station on 01.05.1997 to the effect that his sister (deceased) was given in marriage to the appellant six years prior to that date. On the day preceding to 01.05.1997, he along with his two friends had gone to the house of his sister to see opera at NTPC area. They took their dinner there and at about 10.30 PM along with the appellant went to see opera at N.T.P.C. area. While the opera was going on, the appellant on the pretext of going to the police station left the place. At about 3.30 AM, the elder father s son of the appellant informed them at opera show about the death of his sister. Immediately, they came to the spot and saw the deceased lying dead on the floor of the house of the appellant. It is also alleged that the appellant was having illicit relationship with another lady of his village and that the appellant and his family members used to torture his sister physically and mentally. As the informant could not get any satisfactory reply from the family members of the appellant, suspecting foul play he lodged the FIR. On receipt of the FIR, the O.I.C, NTPC Police Station (P.W.16) registered the case and proceeded with the investigation. During the course of investigation, he visited the spot, examined the witnesses, held inquest over the dead body and sent the same for post mortem examination. He also seized the wearing apparels of the deceased and the appellant, arrested him and sent the seized incriminating articles to S.F.S.L., Rasulgarh for chemical examination. As per direction of the Superintendent of Police, Angul he made over charge of investigation to the C.I. of Police, Talcher (P.W.13), who on completion of investigation filed charge sheet against the appellant under Sections 498 -A/302, IPC.

(3.) ON receipt of the charge -sheet, the learned Magistrate took cognizance of the offence and committed the case to the Court of Session. The learned Addl. Sessions Judge framed charge under Sections 498 -A/302, IPC against the appellant who pleaded not guilty and claimed to be tried. In order to prove its case, prosecution examined asmany as sixteen witnesses including the doctor and the investigating officer, and exhibited twelve documents. None was examined on behalf of the appellant in defence. In his statement under Section 313, Cr.P.C., the appellant took the plea of denial. The learned Addl. Sessions Judge relying on the circumstantial evidence available on record convicted the appellant under Section 302, IPC and sentenced him to undergo imprisonment for life. He, however, acquitted the appellant of the charge under Section 498 -A, IPC.