SANU PARAJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, who has been convicted by the Sessions Judge. Kora nut-Jeypore in Sessions Case No. 217 of 2000 for life for commission of offence under section 302. I.P.C. and sentenced to undergo imprisonment and pay a fine of Rs. 1,000.00 in default to undergo R.I. for three months, has preferred this appeal from jail.

(2.) The case of the prosecution, as narrated. in the F.I.R. (Ext. 7) is that on 25.10.1999 at 9.15 p.m., Padlam Paraja (P.W. 4) came to the house of the informant (P.W. 10) and told him that on that day at about 9.00 p.m. hearing sound of the deceased-Bana Parujini "MARI GALL MARI GALI he (P.W. 4) and Bita (P.W. 5) rushed to the house of the brother of the deceased and saw the appellant fleeing away giving axe blows to the deceased, while she was sleeping with her so.W. n (P 3) on the verandah throwing the blood stained axe. Hearing this, P.W. 10 went and saw the deceased lying dead on the verandah of her brother in a pool of blood with bleeding injuries on her left ear and left neck. The blood stained axe (M.O. 1) was lying there. It is further alleged in the F.I.R. that ten days prior to the occurrence, the deceased, out of fear, was staying in her brother's house along with her son since the appellant was assaulting her. On receipt of the information, police registered the case, investigated into the matter and ultimately tiled charge-sheet against the present appellant.

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