KARTIK SAHU Vs. STATE

JUDGEMENT

(1.) In this appeal from the District Jail, Phulbani Kartik Sahu (hereinafter referred to as the 'accused') calls in question legality of conviction made under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and the sentence of imprisonment for life as awarded by the learned Sessions Judge, Phulbani, Additionally the accused has been convicted under Section 307, I.P.C. and sentence to ten years' rigorous imprisonment. The sentences are directed to run concurrently.

(2.) A brief resume of the facts situation would suffice. The accused, a resident of village Gopinathpur under Sarankul Police Station in the district of Puri came from his village with his wife Pendari alias Shantilata (hereinafter referred to as the 'deceased') and his minor daughter and reached at the shop of Kishore Chandra Sahu (P.W. 5) at about 4 p.m. on 27-10-1986. The accused enquired from P.W. 5 as to whether Sagar Babu, a teacher was available in the school at Kilakia. Although the witness repelled that he had not seen him since many days, the accused along with the deceased and his minor daughter left for village Kilakia. He met Bijaya Chandra Sethi (P.W. 6), a teacher of the aforesaid school, who knew him earlier. Bijaya Chandra allowed the accused to stay in the hostel along with his wife ( the deceased ) and the minor daughter. In the early morning of the next day, i.e., 28-10-1986 they left the hostel. One Biswanath Pradhan (P.W. 2) while going to a nearby hill to collect fuel found a bag and a pair of chappals lying near a tree. He called out in a loud voice as to who had left those articles. Immediately he could hear the cries of a child from near a bush. He went there and found a female child lying. He brought her as well as the pair of chappals and the bag to his village, called the Sarpanch and went to Raikia Police Station. Having seen some injuries on the neck of the child, the Officer-in-charge of Raikia P.S. suspected some foul play and made a station diary entry. He took the child to Raikia Primary Health Centre for examination and treatment. The Officer-in-charge also proceeded to the place with P.W. 2 and other wherefrom the child was found lying. On a search nearby, a halfnaked deadbody of a female was found lying in small ditch. As nobody could identify the dead body, a photographer ( P. W. 4) was called and photographs were taken. At the spot the Officer-in-charge drew up the plain paper F.I.R. and took up investigation. During investigation inquest was held over the dead body in presence of the witness. The I.O. seized the bag, the slippers (chappals) two pieces of cycle chain and a shirt. As it could be ascertained by him during investigation that the dead body was that of the wife of the accused, he examined the father and father-in-law of the accused and recorded their statements. During investigation it transpired that the accused after having committed the crime had gone to Ranapur and stayed in the house of one Srikar where he made a confessional statement to have killed his wife. After completion of investigation, charge sheet was submitted and the accused faced trial.

(3.) The accused denied that he was guilty and alleged false implication. We, however, took a plea that the deceased was of loose character and had illicit relationship with Biswanath (P.W. 2).