SHIBA DANDASENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal is directed against the Judgment dtd. 10/2/2009 of the Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in Sessions Case No.42 of 2007, convicting the Appellant for the offence punishable under Ss. 302 and 309 IPC and sentencing him to undergo imprisonment for life for the offence punishable under Sec. 302 of IPC and to undergo simple imprisonment for one year for the offence punishable under Sec. 309 of IPC. Both the sentences were directed to run concurrently.

(2.) At the outset, it must be noted that by the order dtd. 2/5/2018 the Appellant was enlarged on bail by this Court during the pendency of the appeal as he had served more than eleven years in custody by then.

(3.) The case of the prosecution is that the Appellant, a resident of village Goda-bhanja, married the deceased Hema and they had a son. The Appellant suspected the fidelity of his wife. On 13/11/2006 in the morning, the Appellant with his wife and son went to their field for reaping paddy. At around 11 am, the Appellant inflicted a cut blow by his axe (MO-I) on the rear side of the neck of the deceased while she was reaping paddy. She died instantaneously on the spot.