BASU HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Impugned judgment of learned Additional Sessions Judge, Jeypore passed in S.C. No. 70 of 1991 convicting the accused (hereinafter referred to as "the appellant") under Section 302/307/449 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life, rigorous imprisonment for five years and rigorous imprisonment for four years respectively with direction to run the sentences concurrently is under challenge in this Crinminal Appeal preferred from jail.

(2.) The case of the prosecution is that on 13-4-1999 at about 1 pm. appellant killed wife of the informant (P.W. 1. He also injured his nephew Rajendra Kumar Bag (PW 2) by means of a knife. On the date of occurrence, while the informant was returning to his house from Jhalinguda he came to know about the occurrence. On reaching his house, he found his wife (hereinafter referred to as "the deceased)" lying dead with bleeding injuries on her person. He also found his nephew lying with bleeding injury on his belly in the verandah of his neighbour. On being asked PW 2 told him that on the date of occurrence, at noon time he was sleeping in the house by closing the door. At about 1 p.m. appellant entered the said house and stabbed on his belly. PW 2 shouted for help. Hearing his hullah, son, daughter (PW 5) and wife (deceased) of the informant came there. At that juncture the deceased was trying to close the door from outside. At that time appellant dealt knife blows on her person. As a result, she fell down and succumbed to injuries sustained by her. Thereafter the accused fled away from the spot with weapon of offence. On the F.I.R. (Ext. 1) lodged by the informant, Khatiguda P.S. Case No. 39/91 was registered. During investigation , Police held inquest over dead body of the deceased. It was sent for autopsy. On completion of investigation Police laid charge sheet against the appellant.

(3.) The appellant pleaded innocence.