TOFFAN SARBHANG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.04.2002 passed by the learned Additional Sessions Judge, Sonepur in Sessions case No.43/46 of 2001 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution as unfolded during the trial is that the accused and his wife -Sumukhi (P.W.7) returned to the house of the informant -lswara Mahanand (P.W.4), who is the father -in -law if the accused, after working as labourer at Cuttack and earning some amount of money. As P.W.7 stayed in the house of her parents, the accused off and on met her in her parents house. At that time, the accused had no source of income and was moving hither and thither under the influence of liquor. When Sumukhi fell ill, the appellant did not provide her treatment and, on the other hand, insisted her to accompany him to his house. But, Sumukhi was not ready to go with the accused to his village to lead usual conjugal life with him. One day prior to the occurrence the accused again insisted to take his wife to his won house which was strongly protected by the informant, his sons and Sumukhi (P.W.7). On the next day evening, i.e., 20th October, 2010, the accused being enraged assaulted the deceased, son of the informant, with a Tabli (M.O.I) near village Fatamunda. On the report of the father -in -law of the accused, police registered the case, sent the dead body for post mortem examination to the doctor, examined the witnesses, arrested the accused, recovered the weapon of offence (M.O.I) and after due completion of investigation filed charge -sheet against the appellant under Section 302, IPC.

(3.) IN order to prove its case, prosecution examined as many as 14 witnesses including the doctors and the I.Os and exhibited 16 documents and the defence examined none. The learned trial Judge after conclusion of the trial found the appellant guilty under Section 302, IPC and accordingly convicted him there under and sentenced him to undergo imprisonment for life basing upon the evidence of P.W.8, who is an eyewitness, coupled with the medical evidence and the evidence with regard to recovery of the weapon of offence (Tabli) at the instance of the accused.