ANJARI ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Instant appeal is preferred by the Appellant assailing the impugned judgment dtd. 19/11/2004 passed in Sessions Case No.37/11 of 2004 by the learned Additional Sessions Judge, Nuapada for having been convicted under Sec. 302 IPC and sentenced for life imprisonment on the grounds inter alia that it is untenable in law and therefore, deserves to be set aside.

(2.) Briefly stated, the informant lodged the F.I.R. dtd. 29/10/2003 describing therein about the alleged incident, where after, Nuapada P.S. Case No. 99(19) was registered under Sec. 307 IPC. Later on, the Appellant being the husband of the victim, who succumbed to the burn injuries she received during the incident, was charge sheeted under Sec. 302 IPC. The prosecution adduced oral and documentary evidence during the trial. On the other hand, the Appellant did not lead any evidence. The learned court below considered the evidence of the prosecution and defence plea of the Appellant and finally concluded that the deceased suffered a homicidal death and for that, held the Appellant to be liable. As a consequence, the Appellant was convicted under Sec. 302 IPC and sentenced accordingly.

(3.) Heard Mr. D. Das, learned Amicus Curiae for the Appellant and Mr. J. Katikia, learned AGA for the State.