BISWANATH JHADIA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 7,7,1994 passed by Smt. M. Patnaik, Sessions Judge, Koraput, Jeypore, camp at Rayagada in Sessions Case No. 222 of 1993 convicting the appellant (hereinafter referred to as 'the accused') under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentencing him to undergo rigorous imprisonment for life for alleged commission of murder of his wife on 2.4.1993 in village Podafaandha under Kasipur Police Station in the district of Rayagada. The accused and his three co accused persons, who are his brothers, were not found guilty under Section 201/34 IPC.

(2.) THE facts leading to the prosecution case are as follows : The accused had married deceased Nila Jhadia, daughter of P.W. 1, eight years prior to the occurrence. She begot four children, but all ,of them did not survive long after their birth, for which the accused and hi? father suspected the deceased to a witch (DAHANI) and used to harass her. The deceased had disclosed the said fact to her father (P.W.1) several times and had requested him to request the accused to divorce her. P.W.1 requested the accused and his father to divorce the deceased, but they demanded Rs. 2,000.00 from him to send back the deceased. Though they had paid Rs. 200.00 as 'Jholamani' at the time of marriage, they demanded Rs. 2,000.00 from P.W. 1, which the tatter could not pay due to poverty but wanted to take back his daughter. While P.W. 1 was proceeding towards his village from the house of the accused with the deceased, the accused accompanied by some others obstructed them on the away and assaulting the deceased dragged her to his house and P.W. 1 went to his village. Seven days thereafter, P.W. 1 got information about the death of the deceased by strangulation. He proceeded to the spot and found the dead body of the deceased hanging on a mango tree. On 4.4.1993, the accused lodged a report (Ext. 3) before, the O.I.C., Kasipur P.S. that his wife Nilamani (deceased) had slept in his house in the night on 2.4.1993 and in the morning of 3.4.1993 she left the house and djd not return. After frantic search he found on 4.4.1993 that the deceased had committed .suicide by hanging herself on a mango tree stan'ding on the river bank and called the villagers to the spot. Receiving the said information as per Ext. 3, the A.S.I, of the said police station (P.W. 10) registered a U.O. case and took up enquiry. On 5.4.1993 he visited the spot and found that the dead body of the deceased was hanging on a mango tree, her neck being tied with G.I. wire. He held inquest over the dead body of the deceased and sent the dead body for post mortem examination. The post mortem examination report revealed that the death of the deceased was not suicidal, but homicidal and hence he submitted a report (Ext. 8) to the O.I.C. of the P.S. (P.W. 8) who registered the case under Section 302/201 IPC and took up investigation. During investigation he visited the spot, examined witnesses, seized the wearing saree of the deceased (M.O. Ill), one silver ornament (M.O. I) and a piece ot G.I. wire which had been tied to the neck of the deceased (M.O.II), produced by P.W. 10. He also seized similar G.I. wire measuring 8' from the house of the accused, examined the accused and sent him for medical examination. Sample qf the seized G.I. wire was taken for examination to find out whether the

(3.) THE accused pleaded not guilty to the charge and his plea is one of complete denial.