RAJ KISHORE BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted for the commission of offence under section 498A as well as under section 302, I.P.C. and sentenced to imprisonment for life for his conviction under section 302, I.P .C. and no separate sentence having been passed for his conviction under section 498A, I.P.C. has preferred this appeal. It is alleged by the prosecution that on 10.4.1986 the appellant killed his wife, the deceased, and threw her dead body in the river Kathajori near Khananagar in the Cuttack town and thereby committed the offence under section 302, I.P.C. It is further alleged that the appellant subjected the deceased who was his wife to cruelty and there by committed the offence under section 498A, I.P.C.

(2.) The prosecution case, in a nutshell, is that the appellant and the deceased were the husband and wife, respectively and they were not pulling on well with each other. P.W. 9 is the sister of the appellant and P.W.1 is the husband of P.W.9 and both of them are staying it Cuttack. The deceased was staying with them in their house. The appellant was serving in a private Company. He was also staying in the house of P.W.1 along with his wife, the deceased. On the date of occurrence, the appellant took his wife from the house of P.W. 1 at 4.30 P.M. and did not return during the night. So a police station diary entry was made to that effect by P.W.1. On the next day early morning the said P.W.1 received information that a dead body of a female was floating in the river Kathajori near Khananagar. He, therefore, went there and could identify the dead body to be that of the deceased Sarojini. He, therefore, went to the Police Station at 7.30 A.M. on 11/4/1986 and reported the matter. The police then held inquest over the dead body and sent the dead body for post mortem examination. On receipt of the post mortem report, as it was found that the death of the deceased was homicidal in nature, the Deputy Superintendent of Police (P.W. 50) drew up an F.I.R. on his own information (Ext.1) and started investigation. On completion of investigation, the charge sheet was filed and on being committed the accused-appellant stood his trial.

(3.) The defense plea was one of denial.