PANDRU KHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from the jail is by the convict, sentenced to imprisonment for life by the learned Sessions Judge, Sundargarh, for murder of his wife Raimati.

(2.) Prosecution case is, on 30-11-1985 during evening hours, the appellant killed his wife Raimati with a sickle by cutting her throat. After this fact was made known to P.W. 1 who was relaxing in his house with others, by P.W. 4 all of them went to the house of the appellant and found Raimati lying dead inside the room with a cut injury on the neck with profuse bleeding. They went to the Sarpanch of the village. Since darkness had already set in, they could not report the matter at the police station which is far off the village. On the following day on 1-12-1985 they reported the matter at 8.30 a.m. at Dhuruadihi Police Out-Post. The A.S.I. of the Out-Post entered the report in the station diary register which was subsequently registered at the Bhasma Police Station. After completion of the investigation, the appellant was charge-sheeted for the offence under Section 302, I.P.C. and thus stood his trial.

(3.) The plea of the defence as is evident from the 313 statement is a total denial of the occurrence.