RABINDRA ADHIKARI @ T BUDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment and order dated 18.2.2006 passed by the learned Sessions Judge, Koraput, Jeypore in Criminal Trial Case No.35 of 2005 convicting the appellant and sentencing him to undergo imprisonment for life and pay fine of Rs.2000/ -, in default to undergo rigorous imprisonment for six months, under section 302 of the Indian Penal Code ( for short, I.P.C.) for having committed murder of deceased T.Sitama.

(2.) APPELLANT is deceased's husband. Occurrence took place in the night of 3/4.11.2004 in the house ofinformant P.W.5. Informant P.W.5 is deceased's sister. P.W.1 is informant's daughter. P.Ws. 2 and 3 are daughters of appellant and deceased.

(3.) PROSECUTION case is that in the night of occurrence informant P.W.5, who was working as a Sweeper in the V.D.College, Jeypore, did not return home and spent the night in the house of her daughter P.W.1. In the following morning, she came to her house and found the deceased lying dead with injuries on her. P.W. 3, deceased's daughter, who was aged about 7 years was sitting beside dead body of the deceased. Seeing the informant P.W.5, appellant ran away from the house. On enquiry, by P.W.5, P.W.3 told that in the previous day she along with her parents came and stayed in P.W.5's house. During night appellant and deceased quarreled with each other. In course of such quarrel, out of anger, appellant assaulted the deceased by means of a pointed stone repeatedly as a result of which deceased sustained fatal injuries and died. On the basis of oral narration of the occurrence by P.W.5 at Jeypore Town Police Station, P.W.6 Sub -Inspector of Police prepared first information report Ext.2, registered the case and took up investigation. On completion of investigation, charge -sheet was submitted against the appellant under Section 302 of the I.P.C.