KULAMANI BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, namely Kulamani Behera and Sukanti Behera are husband and wife. Kulamani has been convicted for the offence under Sec. 302 of the Indian Penal Code (in short 'the I.P.C.') and Sukanti under Sec. 302/109 of the I.P.C. Both have been sentenced to imprisonment for life.

(2.) Prosecution's case is a sorrowing story of patricide. Kulamani is the elder son of the deceased Ghana. Other two sons of Ghana are Chintamani (P.W.1) and Mahendra. Kulamani married to Sukanti around 10 years prior to the occurrence. She insisted kulamani to stay separately from the family. To avoid disturbance and to maintain peace in family, the thatched house was left for Kulamani and Sukanti who lived there on separate mess. The deceased along with his wife stayed in the pucca house within same premises. His two other sons namely, Chintamani and Mahendra were staying outside the village at their workplace. The absconded co-accused Bapi @ Saroj Parida used to come to the house of Kulamani and spent time with Sukanti. Such free mixing of Sukanti and Bapi was objected by the deceased and his wife Padma (P.W.10) for which the relationship between the deceased and Kulamani became more strained. Sukanti was allegedly instigating Kulamani against the deceased. Padma was with her husband over the issue relating to Sukanti and Bapi. Deceased and his wife were suspecting illicit relationship of Sukanti with Bapi and opposing their relationship, a village meeting was convened at the behest of deceased.

(3.) On the occurrence day, i.e. 10/8/2009 at about 5 pm when the deceased returned to house after grazing cattle, in the outer premises of their house, both appellants along with Bapi encircled the deceased. At that time Padma was sitting in the outer verandah of the pucca house, Indumani - the neighbour (P.W.3) was present in her outer courtyard, Allada Behera (P.W.2) - the nephew of the deceased was standing at a distance of 15 feet and some other witnesses including Nabakishore Patra (P.W.5) and Bidyadhar Behera (P.W.7) were present at the nearby place. Some altercations were exchanged between the deceased and the Appellants and all of sudden Kulamani dealt a blow on the head of the deceased by means of a glass beer bottle which he was holding in his right hand. As the bottle broke with the stroke on the head, Kulamani again pierced the broken glass bottle into the lower chest of the deceased. Bapi and Sukanti being present there were instigating Kulamani to kill the BUDHA (deceased). The deceased fell down on the ground and all the accused persons fled away from the spot. The witnesses immediately rushed and shifted the deceased to the Pendal of Mangala Temple situating near the spot. P.W.2 informed to P.W.1 over phone about the incident. P.W.1 reached at village without delay and lodged the written report in Badamba Police Station which was registered as P.S. Case No.125 dtd. 10/8/2009.