BUDHUNI DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals from jail are directed against the judgment dated 1.8.2001 passed by learned Additional Sessions Judge, Rairangapur in S.T. Case No.42/172 of 2000 convicting both the appellants under Section 302 read with Section 34 of the Indian Penal Code (for short 'the I.P.C.') and sentencing each of them to undergo imprisonment for life for commission of murder of deceased Khairi Dehury.

(2.) APPELLANT Budhuni is appellant Dhunda's wife and deceased's only daughter. After death of her husband deceased was residing in the house of appellants. P.W.2 is appellant Dunda's brother's wife. Informant P.W.3 is deceased's husband's brother's son. P.W.4 is the Dakua of the occurrence village Dahupani. P.W.5 is deceased's husband's brother. Occurrence took place on 22.5.2000 at about 4.30 P.M. Prosecution case, as it appears from the F.I.R. and evidence on record, is that on the date of occurrence at about 5.00 P.M. appellant Dhunda went to the house of P.W.4, told him that his mother -in -law, the deceased died. Thereafter, he told informant P.W.3 that the deceased died and asked him to come to his house. P.W.3 went to the house of the appellants and found the deceased lying dead with injuries on her. On being asked both the appellants told that the deceased having quarreled with them they killed her by assaulting with lathi and throatling her neck. On being questioned regarding the reason for quarrel, appellant Dhunda told that in the morning they alongwith the deceased had been to village Baruni. While returning, the deceased could not walk for which they left her on the way. At about 4.30 P.M. the deceased returned to the house and found that the appellants were sleeping. She woke up appellant Budhuni and abused her for having slept without cooking. There was verbal altercation and quarrel upon which appellant Budhuni assaulted the deceased with lathi. When the deceased snatched away the lathi, appellant Dhunda dealt kick blows on her and laid her flat on the courtyard. Appellant Budhuni sat on deceased's chest and throttled her to death. Having heard regarding the occurrence, informant P.W.3 called a village meeting in which being asked by the villagers, both the appellants confessed to have killed the deceased. On the basis of oral narration of the occurrence made by P.W.3 at Gorumahisani Police Station, P.W.9, the O.I.C. prepared the F.I.R. Ext.6 and took up investigation. On completion of investigation, charge sheet under Section 302 read with Section 34 of the I.P.C. was submitted against the appellants.

(3.) APPELLANTS took the plea of complete denial.