SANJAY NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this jail criminal appeal, the appellant challenges the judgment and order dated 17.08.2002 passed by the learned Additional Sessions Judge, Bhanjanagar -Aska, Bhanjanagar in Sessions Case No.12 of 2000 (S.C.132/2000 GDC) convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life for having committed murder of his wife Sujata.

(2.) INFORMANT Bijay Kumar Pradhan is the father of the deceased Sujta and father -in -law of the accused -appellant. Fifteen days prior to the date of occurrence the appellant had returned from Surat, the place of his service, to the house of the informant along with his wife (deceased Sujata) and their female baby. On 18.11.1999 at about noon the informant and his wife were in their field and the accused -appellant, his wife (deceased) and their female baby were in the house of the informant. At about 3.00 P.M., the informant came to his house for taking a bucket to water his land and saw the front door of his house had been closed from inside. He entered inside the house by breaking open the door and found his daughter lying dead in a pool of blood and her female child came crying towards him. He also noticed that the radio was on and the backside door of the house was open. But, he did not find the accused -appellant in the house. He immediately informed the police over phone and on their arrival, he submitted a written report scribed by one Santosh Kumar Mohanty. The A.S.I. of Balipadar Out -post who received the F.I.R. sent the same to Buguda Police Station for registration and took up investigation of the case. During investigation he held inquest over the dead body and sent the same to the S.D. Hospital, Bhanjanagar for post -mortem examination, prepared the spot map and examined the witnesses. He seized the blood stained weapon, sample earth, bloodstained wearing apparels of the deceased. He arrested the accused -appellant and seized his wearing apparels. He sent the seized articles for chemical examination and on completion of investigation submitted charge -sheet against the accused -appellant.

(3.) THE prosecution in order to prove the charge has examined as many as 12 witnesses including the I.O. and the doctor and exhibited 10 documents. Defence has examined one witness on its behalf.