STATE OF ORISSA Vs. BHUBEN CHIRGUN

JUDGEMENT

(1.) THE State Government has filed this appeal under Section 378 of the Criminal Procedure Code The respondent was charged under Section 302, I.P.C., but he was convicted by the learned Sessions Judge under Part I of Section 304, I.P.C. and sentenced to rigorous imprisonment for seven years. The State Government has prayed that the acquittal of the respondent of the offence under Section 302, I.P.C. should be Set aside as the evidence justifies conviction under Section 302, I.P.C. and not under Part I of Section 304, I.P.C.

(2.) THE prosecution case may be briefly stated. Deceased Gharjogi has married the accused respondent about four years prior to the occurrence which took place on 17.7.1976 at Rugudimunda -Sagarpada road. Gharjogi was living in the house of her father -in -law at Chandapuri. A month before the occurrence the deceased and the accused came to Bolangir and resided in a rented house for some time. Thereafter they shifted to the house of the deceased's father. The accused did not do any work but lived on the earnings of his wife who was working as a maid -servant. The accused and deceased quarrelled at times on account of the fact that the accused did not endeavour to earn anything for them. On the day previous to the occurrence the deceased had again rebuked the accused asking him for how long he proposed to depend upon her for his living. On the date of occurrence which was a Saturday the deceased went to work and returned home around 10 a.m. Thereafter she went to the Sagar tank to take her bath. While returning home after her bath, the accused is alleged to have stabbed her with a knife several times as a result of which she sustained bleeding injuries, fell down at the spot and died. P.Ws. 4 and 8 from the village chased the accused who ran away from the spot and caught him near the office of the postal Superintendent at Rugudipada. P.W. 4 informed the police over telephone and after arrival of the police, P.W. 4 handed over the accused to the police. P.W. 4 returned to the spot and lodged F.I.R. Ext. 5 with P.W. 13, the Officer -in -charge of the Police Station. A case under Section 302, Indian Penal Code was registered against the accused and the police took up investigation. The dead body was sent for post -mortem examination. The confessional statement of the accused was recorded before the Magistrate P.W. 11. After conclusion of investigation charge -sheet was submitted against the accused. The accused was charged under Section 302, I.P.C. and put on trial.

(3.) ON behalf of the defence it has been suggested to the brother of the deceased that the deceased used to return home late at night, that she used to help her father in vending illicit liquor to young boys in whose company the deceased spent a lot of time in spite of protest by the accused, that on Friday night preceding the date of occurrence, she spent the night with two young boys and that the accused had chastised the deceased for her bad character.