UANSU MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr.Prabhav Behera, learned counsel for the appellant and Mr.Janmajaya Katikia through Video conferencing. The appellant has been convicted and sentenced to life imprisonment for the offence under Section 302 I.P.C. simplicitor in C.T.Case No.77 of 2014 (Sessions) by the learned Additional Sessions Judge, Kalahandi at Bhawanipatna.

(2.) The appellant and the deceased are husband and wife. The occurrence took place in the house of the informant (P.W.1), who is the brother of the deceased-wife. Prior to some days of the occurrence, both the deceased and appellant had been to the house of the informant along with their minor daughter. As per the prosecution case, the appellant killed his wife Kamle Majhi (deceased) by assaulting her at the back of her neck by means of an axe (M.O.I) on 17.5.2014 at about 8 PM in the courtyard of the house of the informant. On the report of P.W.1, Kesinga Police Station Case No.48 dated 17.5.2014 was registered and investigation was taken up by the Inspector of Police (P.W.16). The trial commenced leading to conviction of the appellant as above mentioned.

(3.) Admittedly, this is case of circumstantial evidence and no direct eyewitness is there. The conviction has been made by the learned Additional Sessions Judge, Kalahandi at Bhawanipatna basing upon the evidence of P.Ws.1 to 6 and 8 coupled with medical evidence and statement of the I.O.