GADADHAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE accused in Sessions Case No. 50 of 1995 of the Court of learned Sessions Judge, Jeypore, is the sole appellant in this appeal. He was prosecuted under Sections 302/201 of the Indian Penal Code (in short, 'IPC') on the allegation that he intentionally caused murder of his wife, Saraswati Pradhan, and concealed the dead body inside the river Bansadhara in order to screen himself from the legal consequences. The learned Sessions Judge has convicted him for the said charges and has sentenced him to undergo imprisonment for life under Section 302. IPC and rigorous imprisonment for one year under Section 201, IPC; the sentences to run concurrently.

(2.) THE skeletal picture of the prosecution story as depicted in course of trial is as follows :

(3.) TEN witnesses were examined by the prosecution to prove its case. P.W.7 is the Doctor who conducted post mortem examination over the dead body. From his statement, it has transpired that there were twelve injuries on the dead body of the deceased Saraswati, and according to him, those injuries might have been caused due to mutilation by aquatic creatures. A ligature mark was also noticed, which was caused by a red napkin, on the neck below the level of thyroid cartilage and it encircled the neck transversely with a knot present on the left side. According to P.W.7, the ligature mark was ante mortemin nature, and death was due to strangulation by the red napkin. The post mortem report was marked as Ext. 6. Therefore, on a careful examination of the statement of P.W. 7, it is established that the deceased Saraswati met a homicidal death.