TANKADHAR GAHIR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Having been convicted for the offence of uxoricide under Sec. 302 of IPC and sentenced to suffer imprisonment for life as well as to pay a fine of Rs.5,000.00 (Rupees five thousand), in default to suffer further rigorous imprisonment for six months by the learned Additional Sessions Judge, Dharamgarh in C.T.(Sessions) No.23 of 2016, the Appellant-husband has preferred this appeal.

(2.) A compendium of the prosecution case as found from the record is as follows: The occurrence happened at about 10.30 AM on 16/1/2016 in the dwelling house of the Appellant at village Nuagaon. Hearing the sound of crying, one Pinku Patra (P.W.5) came to the house of the Appellant. The Appellant told him that, he should convey the message to his son (P.W.1) that, his mother has expired. P.W.1, son of the Appellant received telephone call from Pinku Patra (P.W.5), at about 11.00 AM, when he was in the market along with his wife (P.W.7). They had left the house in the morning leaving the Appellant and his wife together in the house. The Appellant is alleged to have assaulted the deceased with a stone Chakki (a country grinder made of granite stone to grind pulses etc). The Appellant's son (P.W.1), lodged F.I.R. before the I.O. (P.W.17), who conducted investigation and during investigation held inquest over the dead body, seized incriminating materials, examined the witnesses and filed charge-sheet against the Appellant for offence under Sec. 302 of IPC.

(3.) The defence plea is one of complete denial and false implication. Further from the defence suggestions to the prosecution witnesses, it is found that defence has taken a plea that, as the deceased was ill she fell down on the Chakki for head reeling and died.