SAMBARU KANDIKI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 12.04.2006 passed by learned Additional Sessions Judge, Malkangiri in Sessions Case No.17 of 2002 convicting the appellant for offence under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at night on 11.03.2002 in the house of the present appellant, who happens to be the husband of the deceased. Sister of the deceased Mina Madhi is the informant and she was examined as P.W.1. A compendium of the prosecution case is that the appellant along with his wife (deceased) had come to the house of the father of the deceased to attend the 10 th day observance of the obsequies of his (appellant's) late grand father -in -law. Both of them returned in the evening. Next day P.W.2, mother of the deceased went to the house of the appellant and found her daughter (deceased) sleeping. On being asked, the deceased told her that as the appellant assaulted her and trampled on her chest, she sustained swelling injury and was vomiting. Thereafter P.W.2, mother of the deceased returned to her village. On the next day she got information that the deceased has died. On F.I.R. being lodged by P.W.1, sister of the deceased, investigation was taken up by P.W.4 and thereafter P.W.5. On completion of investigation, charge -sheet was filed implicating the appellant in offence under Section 302, I.P.C. for the offence of uxoricide.

(3.) PROSECUTION has examined five witnesses to prove the charge. P.Ws.1 and 2 as introduced earlier are the sister and mother respectively of the deceased. P.W.4 is the constable, who took the dead body for postmortem examination. P.Ws.4 and 5 as introduced in the preceding paragraph are the Investigating Officers. Defence plea is one of complete denial, but none was examined by the defence.