RAGHAB NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant assails the judgment and order dated 16th November, 1999 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in Sessions Case No. 359 of 1998 convicting him under Section 302 of the I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution case in brief is that the accused and the deceased- Mamata Padhi @ Naik fell in love with each other and had regular sexual contact that resulted in her pregnancy. The accused did not accede immediately to the proposal of the deceased for marriage, but on his suggestion she continued to live with him in a rented house in the Industrial Estate, Ankoli adjoining to the rented house of the uncle and aunt of the accused. While so living the accused suspected the character of the deceased and continued to quarrel with her. A few days thereafter on 25.4.1998 he poured kerosene on the deceased and set her on fire, as a result she sustained extensive burn injuries. She was hospitalized in the M.K.C.G. Medical College and Hospital without there being any one to attend to her. But in spite of treatment she succumbed to the injuries on 4.5.1998. The A.S.I. of Medical College Campus Outpost, Berhampur on 30.04.1998 having learnt about the incident met the deceased in the hospital. There the deceased lodged the oral report, which was reduced to writing by the A.S.I. Immediately, the services of a Magistrate was requisitioned by the police officer and the dying declaration of the deceased was recorded. The F.I.R. was forwarded and registered in the Berhampur Mahila Police Station and investigation was conducted and ultimately charge-sheet was filed against the accused for commission of offences under Sections 493/302 of the I.P.C.

(3.) In order to establish its case, the prosecution examined seven witnesses. P.W. 1 is the Executive Magistrate, who recorded the dying declaration of the deceased. P.W. 2 is an employee of the M.K.C.G. Medical College and Hospital, who was a witness to the seizure of the bed head ticket of the deceased. P.W. 3 is the A.S.I. of police of the Medical College Campus Outpost, who recorded the F.I.R. of the deceased. P.W. 4 is the landlord in whose house the deceased and the accused were living together on rent. P.W. 5 is a lady constable, who took the dead body of the deceased for post mortem examination. P.W. 6 is the Surgery Specialist, who treated the deceased in the hospital for burn injuries. P.W. 7 is the Investigating Officer. Apart from oral evidence, the prosecution also proved documents like the F.I.R., dying declaration, seizure list, bed head ticket, inquest report, etc.