KEDU KARML Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction under Section 302, I.P.C. and the sentence to undergo imprisonment for life passed by the learned Sessions Judge, Bolangir in Sessions Case No. 80 of 1994 for commission of murder of Bhumi Karmi have been called in question in this appeal.

(2.) THE brevity of the prosecution story as shortly described in course of trial is as follows:

(3.) THE fact that the deceased Bhumi Karmi was the second wife of the Appellant and out of their wedlock seven female children were born has not been disputed. According to the prosecution on getting the report of missing of the deceased on 21.2.1994 U.D. Case was registered and on 22.2.1994 after being informed by the Appellant that the deceased was floating inside a ditch of the paddy field of Ganda Rana, P.W.6 recovered the deadbody, held inquest and sent the same for post mortem examination. After obtaining the medical report that the death of the deceased was homicidal but not suicidal, P.W.6 converted the U.D. Case into a case of murder and registered a P.S. Case under Section 302, I.P.C.