KEDU KARMI 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 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 : That the deceased Bhumi Karmi was the second wife of the appellant and out of their wedlock seven daughters were born. On 21.2.1994 at about 5.30 P.M. the appellant came to Tarava Police Station and gave a report about the missing of his second wife since previous night which the Officer-in-charge, Tarava Police Station (P.W. 6) made a Station Diary vide No. 385 dated 21.2.1994. Again on 22.2.1994 the appellant went to the Police Station and reported that the dead body of his wife was found floating inside a ditch of the paddy field of Ganda Rana. On such report, P.W. 6 registered a U.D. Case bearing No. 2 of 1994 and accordingly took up an enquiry. In course of enquiry he proceeded to the ditch where he found the deadbody floating. With the help of the villagers, he removed the deadbody and held an inquest over it and despatched the same for post-mortem examination. On 28th February, 1994 he received the post-mortem report which revealed that there were injuries on the deceased which were ante-mortem in nature. It was further revealed that the deceased met a homicidal death due to asphyxia and throttling. P.W. 6 having been satisfied that the death of the deceased was not accidental but homicidal, therefore, he converted the U.D.Case into a case of murder, drew up the F.I.R. vide Ext. 7 and registered a case vide P.S. Case No. 11 of 1994 under Sections 302/201, I.P.C. He took up investigation, visited the house of the appellant, went to the spot, prepared a sketch map, examined the witnesses, seized the wearing apparels of the deceased, arrested the appellant and his first wife and after completion of investigation submitted the charge sheet.

(3.) The trial Court considering all the evidence on record was, however, inclined to acquit the first wife of the appellant, but convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. Hence this appeal.