RAGHUNATH KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment and order dated 7.10.2002 passed by the learned Adhoc Additional Sessions Judge, Jeypore in Criminal Trial No.11 of 2002 ( S.C.8/01 of Addl. Sessions Judge and S.C.145/2000 of Sessions Judge) convicting the appellant and sentencing him to undergo imprisonment for life and pay fine of Rs.1000/ -, in default to undergo R.I. for six months, under section 302 of the Indian Penal Code (for short, the I.P.C.) for having committed murder of his wife deceased Moti Kirsani.

(2.) PROSECUTION case is that when the appellant returned home on 21.12.1999 at about 4 P.M. he found the deceased in acompromising position with one Podunath Kirsani. Seeing the appellant Podunath Kirsani fled away. Appellant got enraged and assaulted the deceased by means of a bamboo stick on her head and other parts of the body and thrashed the bamboo stick in her vagina, as a result of which deceased died. On the following morning, a punch meeting was convened by the villagers before whom the appellant confessed to have killed his wife as he found her in a compromising position with Podunath Kirsani. On being directed by villagers, P.W.1 along with Choukidar proceeded to Koraput Sadar Police Station and orally reported regarding the occurrence. On the basis of such report, F.I.R was drawn up, case was registered and investigation was taken up. On completion of investigation, charge sheet was submitted against the appellant for commission of offence under section 302 of the I.P.C.

(3.) APPELLANT took the plea of denial and false implication. In order to substantiate the charge prosecution examined 10 witnesses. P.W.1 is the informant as well as witness to extrajudicial confession and inquest over the dead of the deceased. P.Ws.2, 3 and 5 were also examined to depose regarding extra -judicial confession. Of them, P.W.2 was declared to be a hostile witness. P.Ws. 4 and 6 were examined to depose regarding recovery of weapon of offence lathi M.O.I at the instance of the appellant. P.W.7 is the doctor who conducted post -mortem examination over the dead of the deceased. P.W.8 is a police constable who assisted in investigation. P.Ws.9 and 10 are Investigating officers. No defence evidence was adduced.