SURENDRA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.1.2002 passed by the Additional Sessions Judge, Talcher in S.T. No. 57-A/50 of 1998 (29/2000) convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution, in short, is that on 1.1.1998 at about 11.30 p.m., the appellant picked up quarrel with his wife Kausalya and suddenly assaulted her by means of a tangia, as a result, of which she succumbed to the injury at the spot. On getting information from the apF daughter-Susuni Dehury (P.W. 6). the informarit- Binod Dehury P.W. 7) went to the spot and found the deceased lying in a pool of blood. The weapon of offence, i.e., tangia was lying on her side. Other witnesses including the supervisor of the brick-kiln, where the appellant as well as the deceased were working, came to the spot and searched for the appellant, who had already fled away from the spot. P.W. 7 went to Talcher police station and lodged the F.I.R. (Ext. 5) on the following morning. On receipt of the same, the case was registered and investigation taken up. During the course of investigation, the police proceeded to the spot, made inquest over the dead-body and sent the same for post-mortem. examination the witnesses seized the weapon of offence and the blood stained wearing apparels from the possession of the appellant and ultimately after completion of the investigation filed chargesheet under section 302, I.P.C. against the present appellant.

(3.) The plea of the appellant is complete denial of the allegations.