GUJEL ASANTULU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of learned Ad hoc Additional Sessions Judge, Jeypore in Criminal Trial No.39 of 2001(C.T. No.52 of 2002 of the Additional Sessions Judge & S.C. No.322 of 2001 of the Sessions Judge, Jeypore) convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life as well as pay fine of Rs.1,000/ - (Rupees one thousand), in default, to undergo further imprisonment for one month.

(2.) THE case of the prosecution, as revealed from the evidence, is that the appellant had married the deceased ten years prior to the occurrence. On 19.5.2001 the parents of the deceased were going to the house of the appellant to see their daughter, but on the way near village Loudi they were informed by one Rama Rao that the deceased has been killed by appellant by means of a stone. Thereafter, they rushed to the house of the appellant and found their daughter lying dead with bleeding injury on her head. Her legs and hands were tied with a rope. Their grandson (P.W.1) informed that the appellant had killed the deceased at about 4.00 A.M. in the night by assaulting her with a grinding stone. Thereafter, P.W.6, the father of the deceased made an oral report before the O.I.C., Pottangi P.S., which was reduced to writing and investigation was taken up. On completion of investigation, charge -sheet was submitted against the appellant for commission of offence punishable under Section 302, I.P.C.

(3.) THE prosecution, in order to establish the charge, examined ten witnesses. Out of ten witnesses examined on behalf of the prosecution, P.W.1 is the son of the appellant, P.W.2 is the brother of the appellant, P.W.3 is a co -villager, P.W.4 is the Nayak of the village, P.W.5 is a witness to the inquest, P.W.6 is the father of the deceased and is also the informant. P.W.7 is the doctor, who conducted post mortem examination, P.W.8 is the mother of the deceased, who is a post occurrence witness. P.W.9 is the constable, who handed over the wearing apparels of the deceased after postmortem examination and P.W.10 is the I.O.