PRAOYUMNA KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 25.11.1992 passed by the learned First Additional Sessions Judge. Berhampur, camp at Bhanjanagar. in Sessions Case No. 13/92 (18/92 GDC). whereby the Appellant has been convicted under Ss. 302 and 309 of the Indian Penal Code (for short. "Indian Penal Code") and sentenced to undergo imprisonment for life and six months respectively; the sentences to run concurrently.

(2.) The Appellant was prosecuted for commission of murder of his wife Rochana Naik in the night between 24th and 25th May. 1991. Undisputedly, the marriage between the deceased and the Appellant was solemnised a few years before the date of incident. About 1 -1/2 years after the marriage, a female child was born. The deceased was living with the Appellant in her matrimonial house at Buguda under Buguda police -station. Three days preceding the incident, Bhikari Naik (P.W. 9). who was the father of the deceased. his wife and brother -in -law Dhanu Naik had come to the Appellant's house and requested his parents to allow the deceased to visit her parents' house, to which the Appellant and his parents had agreed. It was tentatively fixed that on 25.05.1991 morning. the deceased would visit her parents' house.

(3.) In the night between 24th and 25th May, 1991, after all the inmates including the parents of the Appellant had taken their dinner, the deceased and her husband along with their baby slept in one room, whereas P.W. 9 and the father of the Appellant. namely. Rajan Naik (P.W. 1) slept together on the front verandah of that room. Dhanu Naik and Kishore Naik (brother of the Appellant) slept together on the front verandah of the house. P.W. 1's second wife Maya Naik (P.W. 6) and the mother of the deceased slept together in the entrance room. In dead of night. the deceased made a shrill shriek uttering "Mother, I am dying", on hearing which, all the inmates immediately roused from their sleep and rushed to the room where the Appellant and the deceased were sleeping. They noticed bleeding injuries on the person of the deceased who fell down on the courtyard situated between the two rooms. P.W. 1.6 and 9 had also seen bleeding from a Dibiri (kerosene lamp). At that juncture. the Appellant came running from inside the room by uttering that he had committed the murder of his wife Rochana and further made an attempt to put and end to his life. At that time, all the above witnesses found the Appellant having bleeding injuries on his neck. Immediately thereafter. P.W. 1 brought a trolly rickshaw and shifted the deceased to Buguda P.H.C. whereas P.W. 9. his brother -in -law. Dhanu Naik and the Grama Rakhi Ganga Naik went to the police -station. The matter was orally explained to the O.J.C.. Buguda P.5. (P.W. 10), who recorded the F.I.R. (Ext. 10) and proceeded for investigation. In course of investigation. he visited the spot. examined witnesses. seized the blood -stained earth and sample earth. conducted inquest over the dead body. sent medical requisition for examination of the Appellant. and sent the dead body for post -mortem examination to Bhanjanagar Sub -Divisional Hospital where Dr. Snchalata Mohapatra (P.W. 2) and Dr. S.K. Panda jointly conducted autopsy over the dead body of Rochana Naik and prepared post -mortem report (Ext. 2). The case of the Appellant was also referred to Bhanjanagar Sub -Divisional Hospital for X -ray examination. The weapon of offence (M.O.I.), a Dadhi (sharp cutting weapon) \'vas seized from) the house of P.W. 1. On production by the Appellant, P.W. 10 seized his blood -stained Lungi. A II the incriminating materials were sent to the Forensic Science Laboratory for chemical examination. After completion of investigation, P.W. 10 placed charge -sheet under Ss. 302/309 Indian Penal Code against the Appellant.