KAPILESWAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appellant was convicted by the learned Addl. Sessions Judge, Boudh in S.T. Case No. 9-46 of the year 2001. The learned Addl. Sessions Judge while convicting the present appellant under Section 302 of the Indian Penal Code (in short, 'IPC') directed him to undergo Rigorous Imprisonment for life.

(2.) The case of the prosecution is that the appellant was in the habit of assaulting the deceased Soudamini Sahu, who is his wife and their relationship was strained since two years prior to the occurrence. It is alleged that on 29.6.2000 around 6 P.M., the informant Bhagabat Sahu (P.W.1), who is the brother of the deceased on returning to his house received information from one Rajendra Sahu that the appellant had murdered the deceased Soudamani and the appellant, the deceased as well as their children to have been closeted in their house from the morning and the doors of the said house to have been bolted from inside. On getting this information, P.W.1 proceeded to the village of the appellant and found the house of the appellant to have been closed from both the sides and many persons to have assembled there. It is alleged that P.W.1 from the terrace of a neighbouring house of the appellant namely, Siba Sahu with the light of a torch found the deceased lying with bleeding injuries on the verandah of the back side courtyard. Information regarding the occurrence was lodged by P.W.1 at Kantamal Police Station vide Ext.1. Police on receipt of the said information registered a case and took up investigation. On completion of investigation, charge sheet was placed against the appellant to stand his trial.

(3.) The plea of the appellant was that of a complete denial of the occurrence. It is his further plea that he does not pull on well with the villagers and the informant (P.W.1) only to grab his properties has foisted this case.