DHANU BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The convict/ Appellant (Dhanu Behera), in this JCRLA, challenges the judgment of conviction and order of sentence dtd. 22/12/2011 passed by the learned Ad hoc Additional District and Sessions Judge, FTC No.II, Bhubaneswar in Criminal Trial No.39/206 of 2010 convicting him under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) and sentencing him to undergo R.I. for life and to pay a fine of Rs.1,000.00 and in default to undergo R.I. for one year.

(2.) On 19/6/2010, at around 10.00 P.M. the convict/ Appellant was alleged to have intentionally committed the murder of his wife (deceased) at Mali Sahi, Muslim Basri, Unit-III, Bhubaneswar.

(3.) The case of the prosecution in short is that the accused was staying with his wife along with their two children at Mali Sahi, Muslim Basti, Unit-3, Bhubaneswar. On 20/6/2010 at about 7.00 A.M. some of the residents of the said Basti informed the complainant/ informant that the present Appellant had killed his wife and fled from the house. Having heard the complaint of the residents of the said area, the informant (P.W.4) rushed to the spot and found the deceased lying dead in her house. He enquired about the incident from the neighbors and was informed that on the previous night at about 10.00 P.M. a quarrel had occurred between the Appellant and the deceased. The son of the deceased P.W.1 stated that his father would return home drunk and assault his mother . In the relevant night also, his father returned home drunk and quarreled with the deceased. The Appellant had also threatened his son about killing him. Out of fear, he ran away to a nearby trolley. On the next morning, when he came to his house, he saw the dead body of his deceased mother lying inside their house and she had sustained bleeding injury on her head and his father was absconding. Based the aforesaid information, the informant lodged F.I.R. before the I.I.C., Kharvelnagar Police Station, Bhubaneswar. Accordingly, Kharvelnagar P.S. Case No.158 of 2010 was registered. Investigation was taken up. The Investigating Officer, during the course of investigation, examined the complainant at police station, prepared the spot map Ext.11, prepared the crime details form under Ext.12, examined the witnesses, held inquest over the dead body of the deceased. He dispatched the dead body of the deceased to Capital Hospital, Bhubaneswar for post-mortem examination, seized the weapon of offence i.e. wooden stick stained with blood, one gauze cloth containing blood stain and blood stained earth under seizure list Ext.5. He arrested the accused Dhanu Behera at police Station at 10.55 A.M and on the same day at 2.00 P.M. on being produced by the accused he also seized the wearing apparels of the accused. After completion of investigation, he submitted charge-sheet against the accused Dhanu Behera under Sec. 302 of the I.P.C. on 16/10/2010.