NAREN DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment dated 04.01.2000 passed by the Additional Sessions Judge, Rairangpur in S.T. Case No.21/151 of 1999 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE appellant has been convicted for having committed murder of his wife Budhubari Dehuri on the basis of the FIR (Ext.3) lodged by Satyanath Munda P.W.2 on 05.02.1999. In the FIR the informant has stated that on the date of incident he was the Ward Member of the occurrence village. In the evening of 04.02.1999, Girish Dehury (P.W.5) of his village informed him that the appellant killed his wife at about 11:00 AM. At that time, all the villagers had gone to the forest. The appellant s mother (P.W.4) and his two children were present in the house. Getting such information, the informant along with others went to the spot and found P.W.1 and other villagers present there. On being asked, the appellant confessed before them that his wife (deceased) gave him bad rice (JAU BHATA) to eat, for which a quarrel ensued between them and he dealt two slaps to the deceased. As the deceased again rebuked him, the appellant dealt blows to her by means of a wooden chatu (M.O.I), as a result of which she died. It is also stated in the FIR that while the appellant was assaulting the deceased, his mother was prohibiting him from doing so. On receipt of the written report, police registered the case, took up investigation and after its completion filed charge -sheet against the appellant under Section 302, IPC.

(3.) THE defence plea is one of the complete denial and false implication.