STATE OF ORISSA Vs. SK. SADIQ ALI

JUDGEMENT

(1.) In this appeal the State Government has assailed the order of the District & Sessions Judge, MayurBhanj, Baripada convicting the Respondent under Sec. 324 instead of 302 of the Indian Penal Code directing him to undergo R.I. for a period of 16 months for causing hurt to the deceased Salma Khatun.

(2.) The Respondent was prosecuted for having committed the murder of this wife Salma Khatun on 4.7.1983 at 10.55 P.M. It is stated in the FIR that on 4.7.1983 between 8.30 to 9.00 A.M., P.Ws. 1 and 2 alongwith other persons were standing in Kostha Bazar. At that time the deceased Salma Khatun who was staying with her husband (accused) in a rented house which was very close to the bus stoppage, came running to P.W.1 with severe bleeding injuries and fell down by narrating that she was assaulted by the accused -Respondent. The Respondent was then about to beard a bus from where he was picked up by the passengers. That is how the Respondent was apprehended. It is further narrated in the trial Court that the Respondent had admitted to have assaulted the deceased on account of a family brawl. The injured Salma Khatun was removed to the Kostha P.K.C., but the Doctor having found a lacerated injury on her head, referred her to Baripada Headquarters Hospital for treatment where on the subsequent date (5.7.1983) at about 10.55 P.M. she succumbed to the injuries

(3.) P.W.4 who was the brother -in -law of the deceased then serving as a teacher came to his house and learnt about the incident at about 4.30 P.M. He went to Kostha P.H.C. and noticed the injured Salma Khatun lying unconscious with bleeding injuries on her head, face etc. He proceeded to Sulipada Police Station and lodged a report there at 10.00 P.M. on 4.7.1983. The officer -in -charge, Sulipada Police Station registered a case under Ss. 307, 324 and 325 of the Indian Penal Code. But consequent upon the death of Salma Khatun the case was turned into a case of murder punishable under Sec. 302 of the Indian Penal Code.