MADAN HEMBRUM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 29.6.2002 passed by Shri M.R. Pattanaik. Additional Sessions Judge, Talcher in S.T. Case No. 54-A/ 1 1 of 1996/2000 by which the learned Additional Sessions Judge has con- victed the appellant under section 302, I.P.C. and sentenced him to un- dergo imprisonment for life.

(2.) The case of the prosecution is that the accused and the deceased are husband and wife. They were not pulling on well and constantly picked up quarrel for which the wife (deceased) left the house and stayed in a room inside the camp of a contractor, namely. Kalpataru Mohanty in N.T.P.C. Township. The deceased stayed there along with a small child and worked as a labourer. On 1 1.12.1995 at about 8.00 P.M. when infor- mant and P.W. 5 were talking in the camp, people residing in the camp shouted and raised hulla "MARIDELA. MARIDELA" for which they came out and saw the appellant abruptly stabbing his wife by means of a knife and the deceased was lying there with bleedin injury on the entire body. When they tried to catch hold of the accused, he ran away, but since the main gate was closed, he dashed against the gate and fell down sustain- ing injury. Labourers working there caught hold of him. The contractor lodged the report at the spot on arrival of the police after being informed by P.W. 5. On receipt of the same, the case was registered, investigation taken up, the accused was arrested from the spot while he was holding the knife, the dead body was sent for post-mortem, the appellant was for- warded for medical examination, the witnesses were examined, the in- criminating materials like wearing apparels were seized along with weapon of offence from the possession of the appellant and after comple- tion of the investigation charge-sheet was filed against the appellant un- der section 302. I.P.C.

(3.) The plea of the appellant was of complete denial.