DHABALESWAR GOUDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against a judgment dtd. 12/1/2011 passed by the learned Additional Sessions Judge (Fast Track Court), Bhawanipatana in Sessions Case No.28/1 of 2010 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs.5000.00 and in default to undergo rigorous imprisonment (RI) for two years.

(2.) This Court has heard the submissions of Mr. Purna Chandra Behera, learned counsel appearing for the Appellant and Mr. J. Katikia, learned Additional Government Advocate for the State-Respondent.

(3.) The case of the prosecution is that on 13/10/2009 Anirudha Gouda (PW 1), husband of the deceased and the father of the Accused went to purchase kerosene oil and returned at around 9 am by which time the accused also returned. PW 1 again went out at 10 am and returned at 12.30 pm at which time the accused was sleeping. PW 1 again went for work at around 2 pm. At around 3 pm Arakhita Gouda (PW 7), the younger brother of PW 1 informed PW 1 that the accused was quarreling with his mother Sanjana Gouda, the deceased. By the time, PW 1 reached the house along with Chintamani Nayak (PW 4), Suresh Majhi (PW 5), RajibMajhi (PW 8), KhageswarChandan and Sadhu, they found the dead body of the deceased inside the room and one tangia was lying next to her. The accused was seen moving at a distance and at that point in time PWs 4, 5, 6 and 8 brought the accused and on being asked, he disclosed that he had committed the murder of the deceased. Thereafter, PW 1 reported the matter to the Police.