SANTOSH KUMAR NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The judgment passed by learned Adhoc Addl. Sessions Judge (F.T.), Keonjhar on 19/2/2005 in S.T. Case No.13/12 of 2004 is under challenge in the present appeal whereby the Appellant was convicted under Sec. 302 of I.P.C. and sentenced to imprisonment for life.

(2.) The prosecution case, briefly stated, is that on 9/9/2003 the Ward Member of village Namkani in the district of Keonjhar lodged a written report before the O.I.C of Telkoi P.S. stating that on that day at about 7.00 A.M. one Phula Naik (hereinafter referred to as the 'deceased ') had been killed by her husband Santosh Naik (accused-appellant) by means of an axe and that being informed and requested by one Bira Bhadra Naik of his village, he informed the matter to Police. The written report was registered as Telkoi P.S. Case No.74/2003 and investigation was taken up. Upon completion of investigation, charge sheet was submitted against the Appellant under Sec. 302 of I.P.C. The defence plea, apart from denial, was that the deceased, who was suffering from brain malaria, fell down and died while she had gone to fetch water.

(3.) The prosecution examined 13 witnesses in support of its case and exhibited 15 documents apart from 1 material object being the weapon of offence. Defence, on the other hand, did not adduce any evidence, either oral or documentary.