DURYODHAN PAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a case of uxoricide. The convict-appellantDuryodhan Pahi has been convicted for committing murder of his wife, on 24.04.2006, at about 7 A.M. to 7.30 A.M., under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'the Penal Code' for brevity) by the learned Additional Sessions Judge (F.T.C.- II), Bhadrak in Sessions Trial No.12/166 of 2007/2006 and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for two months. The sole appellant assails his conviction.

(2.) The prosecution alleged that on 24.04.2006 at about 7 A.M. to 7.30 A.M., a quarrel took place between the appellant and his wife in their house with regard to some clothes kept in a box inside the house. When the deceased refused to give the key of the box to the accused, the accused brought out a crowbar to break open the lock of the box. The deceased protested. As a result of which, the appellant became angry and assaulted the deceased by means of the crowbar on her waist and head. As a result of assault, the deceased sustained severe bleeding injuries and died at the spot. Dusasan Pahi (P.W.1) lodged an F.I.R. before the O.I.C., Bhadrak Rural P.S. A criminal case was registered. S.I. of Police Ramesh Chandra Singh took up investigation of the case. In course of investigation, he examined the informant, eye-witness and other witnesses. He conducted inquest over the dead body of the deceased in presence of witnesses and prepared a inquest report and then sent the dead body for postmortem examination; seized the weapon of offence; collected blood stained earth and sample earth from the spot; seized the wearing apparels of the deceased after postmortem examination. He took steps to record the statement of the sole witness-Basanti Pahi under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for brevity). He also made a query to the Medical Officer and finally dispatched material objects to the State Forensic Science Laboratory, Bhubaneswar for chemical examination. On completion of investigation, finding a prima facie case under Section 302 of the Penal Code, he submitted charge sheet against the appellant.

(3.) The defence took the plea of complete denial to the charge. During his examination under Section 313 of the Code, the appellant denied his complicity in the crime and took the plea that during the course of quarrel, a push and pull was going on between him and the deceased and in course of such push and pull, the deceased dashed against a pillar and died at the spot.