SARA PALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present appellant being aggrieved with the order of conviction and sentence recorded by the learned Sessions Judge, Keonjhar in S.T. Case No.197 of 2003 on 21.4.2005 under Section 304 -Part -I of the Indian Penal Code (for short, the I.P.C. ) has preferred this appeal while undergoing the sentence. The appellant has been directed to undergo rigorous imprisonment for 10 years. A.F.R.

(2.) THE case of the prosecution is that on 4.7.2003 around 8.00 A.M. the informant Suresh Ch. Jena (P.W.8), who was the Sarpanch of Radhikadeipur while standing in front of his house along with Alekh Jena and one Kirtan Jena (P.W.1) at that time the appellant being armed with one axe came and reported that she had killed the deceased Sankar Naik with the axe which she was holding. On hearing that when P.W.8 enquired from the appellant as to why she killed Sankar Naik and where Sankar Naik was murdered, the appellant disclosed that the deceased Sankar asked her to sleep with him on the bed but when she declined, the appellant tore her blouse for which she being enraged murdered the deceased. P.W.1 on hearing the incident from the appellant sent for the Gramarakhi , Dwarikanath Jena (P.W.2) and handed over the appellant as well as the blood stained axe which she was holding. Thereafter, P.W.8 proceeded to the village Kendua i.e. the house of the appellant where he found the deceased Sankar Naik lying dead in a pool of blood. P.W.8 lodged report in writing before the I.I.C., Ghasipura Police Station about the incident, vide Ext.6. Police on receipt of the said information registered a case against the appellant under Section 302 of the I.P.C. and investigation was taken up. On completion of investigation getting prima facie materials against the appellant charge sheet was placed against her to stand trial.

(3.) THE plea of the appellant was that of complete denial of the alleged occurrence.