MANGULI KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 07.08.2002 passed by learned Additional Sessions Judge, Malkangiri in Sessions Case No. 135 of 1999 (S.C. 271/99 of Sessions Judge, Koraput -Jeypore) convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (for short 'the I.P.C.') and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution as revealed from the record is that on 16.4.1999 at about 8.00 P.M. Sukra Kirsani who is the headman of village Nuaguda was informed by his cousin that the appellant has killed her husband, Soma Kirsani, in the night at about 9.30 P.M. On receipt of this information P.W. 3 went to the village and convened a panch. The appellant was called to the panch and on being asked, the appellant made a confession before the members of the panch by stating that her deceased husband took attempt thrice to kill her with a knife and chased her and she being apprehensive of being killed by her husband dealt a blow by means of a tangia and caused his death. The appellant thereafter handed over the tangia to P.W. 6. The matter was thereafter informed to the police on the basis of which the case was registered and investigation was taken up. On completion of investigation, charge sheet was submitted for commission of offence under Section 302 of the I.P.C.

(3.) IN course of trial, the prosecution examined eleven witnesses. P.Ws. 1 and 2 are two constables who were witnesses to seizure of the nail clippings. P.W. 3 is the informant and witness to extra judicial confession. Similarly, P.Ws. 4, 5 and 6 are also witnesses to extra judicial confession. P.Ws. 7 and 8 were also examined by the prosecution to state about the extra judicial confession but did not say anything about the case. P.W. 9 is a constable who accompanied the dead body of the deceased for post mortem examination. P.W. 10 is the doctor who conducted post mortem examination and P.W. 11 is the investigating officer.