KAILASH CHANDRA OJHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 26/3/2011, passed by the Additional Sessions Judge, Fast Track Court No.3, Bhubaneswar, in C.T.(Sessions) No.8/46 of 2009, convicting the Appellant for the offence punishable under Sec. 302 of IPC and sentencing him to undergo imprisonment for life and also convicting him for the offence punishable under Sec. 498-A of the IPC and sentencing him to undergo Rigorous Imprisonment (RI) for three years. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution was that one Silu Ojha (PW-7), the son of the Appellant, lodged a written report before the Inspector-In Charge (IIC), Mancheswar Police Station (PS) at around 8 pm on 6/11/2008 and stating inter alia that the Appellant had abused and assaulted his wife - the deceased, Bichitra Ojha, dragged her outside his Bari, poured kerosene over her body and set her on fire. She sustained severe burnt injuries on her body and was immediately shifted to the Capital Hospital. It was stated in the FIR that prior to the incident the Appellant was torturing the deceased both physically and mentally and assaulted her very often. Initially, the FIR was registered for the offence punishable under Ss. 498-A and 307 of IPC. Subsequently, the deceased succumbed to her burn injuries, on 8/11/2008 and the offence was converted into Sec. 302 of IPC. A charge sheet was submitted by the Investigating Officer (IO) (PW-21) on 5/3/2009 for the aforementioned offences. The Appellant pleaded not guilty and claimed trial.

(3.) Twenty-one witnesses were examined for the prosecution and three for the defence. On analyzing the trial Court delivered the impugned judgment on 26/3/2011, holding the Appellant guilty of the aforementioned offences and sentenced him in the manner indicated.