HIRAN RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life by the learned Addl. District & Sessions Judge, Nuapada in S.C No.5/9 of 99 -2000 has preferred this appeal against the said order of conviction and sentence.

(2.) THE case of the prosecution is that on 07.10.1998 at about 12.00 P.M the informant -P.W.1 was sitting with his relatives -P.Ws.2 and 3 on his verandah when the deceased went inside the room of the appellant carrying some oil in a small pot. Sometimes thereafter all the above three witnesses heard a noise 'MARIGALI A BUA NAHIN BACHENA. Identifying the said voice to be that of the deceased, all of them went near to the door of the room, which was bolted from inside. Thereafter, the appellant, who is the son of P.W.1, came out of the room holding an axe stained with blood and confessed to have killed his wife. The said axe was snatched away by the above three witnesses and P.W.1 noticed that inside the room his daughter -in -law was lying dead with bleeding injuries. Thereafter they tied the appellant with the help of other relatives and a report was submitted before Dharambandha Out Post by P.W.1, on the basis of which, a case was registered in Nuapada Police Station for commission of offence under Section 302 of I.P.C. On completion of investigation, charge sheet was submitted for commission of the said offence.

(3.) RELYING on the evidence of P.Ws.1, 2 and 3 coupled with the evidence of P.Ws.5 and 7, learned Addl. District and Sessions Judge found the appellant guilty of the charge and convicted him thereunder.