LAWS(ORI)-2012-11-9

RAMESH CHANDRA PATRA Vs. STATE OF ORISSA

Decided On November 22, 2012
Ramesh Chandra Patra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of sentence dated 31.01.2004 passed by learned Ad hoc Additional Sessions Judge (F.T.C.), Gunupur in Criminal Trial No.6 of 2002 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at about 6.30 A.M. on 15.1.2001 in the house of the appellant at village Chandrapur. P.W. 1 is the younger brother of deceased Janaki, whose husband is the appellant. There was marriage between the appellant and Janaki twelve years preceeding next the date of occurrence. Seven years past to the occurrence, the appellant had assaulted the deceased for which he was in custody for about six months. After he was released from custody the appellant again started living in the matrimony, but continued to suspect character of the deceased alleging her love affairs with one Siba Naik. On being influenced by such a suspicion the appellant at 6.30 A.M. on 15.1.2001 started quarrelling with the deceased and did her death by assaulting her with a Tangia (M.O.-I). Manik Prasad Patra (P.W.3), who is the minor son of the appellant and deceased rushed to the informant (P.W.1) to inform such fact. On the basis of the F.I.R. lodged by P.W.1, investigation was taken up. On completion of investigation charge sheet was submitted against the appellant alleging commission of uxoricide by him, punishable under Section 302, I.P.C.

(3.) LEARNED Trial Court on the basis of the materials on record and especially on the basis of eye witness accounts of P.Ws. 3 and 4 returned the finding of guilt under Section 302, I.P.C. as against the appellant.