SUKRA MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant has filed this appeal challenging the judgment dated 11-12-2003 passed by the learned Sessions Judge, Sundargarh in S.T. No. 253 of 1998 convicting him under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-.

(2.) The case of the prosecution is that the deceased was the wife of the appellant. They were residing together in one house at Village-Laramdihi. The deceased went to her mother's house few days prior to the occurrence. She alleged before her mother and brother regarding the ill-treatment by the appellant towards her and she was being assaulted by him frequently as the appellant has an affair with another lady. The appellant came to his in-laws house and on the intervention of the Village gentlemen he took his wife back to his house. Thereafter on 11-6-1998 the deceased was assaulted and sustained multiple injuries on her face and head. She was shifted to District Headquarters Hospital, Sundargarh by Ambulance for treatment and succumbed to the injuries sustained, on the next day morning i.e. 12-6-1998. One Jadabananda Patel lodged a written report before Sadar Police Station, Sundargarh and on the basis of the said report of the informant the Sub-Inspector of Police registered Sundargarh Sadar P.S. Case No. 54 of 1998 and investigation was taken up. It reveals from the F.I.R., the informant learnt that on 11-6-1998 evening the accused took up a quarrel with the deceased and at that time Phulmani Munda (sister-in-law of the appellant-P.W. 7) went to bring water and on her return she found that the deceased was lying with multiple injuries on her face and head and the appellant was absent. The injured disclosed before her that she has been assaulted by the appellant and was shifted to District Headquarters Hospital, Sundargarh for treatment.

(3.) The prosecution in order to establish the charge examined as many as fifteen witnesses. The informant was not examined as he died during pendency of the trial. The FIR Post-mortem Examination report and other seized materials were marked as Exts. 1 to 14. The weapon of offence was marked as M.O.I.