SARAT NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment dated 22.10.2003 passed by the learned Addl. Sessions Judge, Fast Track Court No. IV, Bhubaneswar in S.T. Case No. 24/107/2002 -2000 convicting the appellant under Ss. 302 and 307 of I.P.C. and sentencing him to undergo imprisonment for life for the offence under Sec. 302 of I.P.C. and to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/ - under Sec. 307 of I.P.C. in default to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution is that one Choudhury Naik, who was serving as Constable in 7th Battalion was staying in a rented house at Saliasahi, Bhubaneswar with his family. The appellant married one Shanti Nayak, who is the daughter of Choudhury Naik. Out of their wedlock they were blessed with a daughter and a son. The appellant was ill -treating and torturing his wife -Shanti Naik. In the month of October, 1999 the appellant and his wife came to the matrimonial house to see Durga Puja festival at Bhubaneswar. In the night of 27/28.10.1999 the son and wife of Choudhury Naik Slept in one room and the appellant, his wife and their children slept in another room. At about 1.00 A.M. in the midnight the wife of Choudhury Naik namely Laxmi Naik heard crying sound of children of Shanti and she got up and went to the room where Shanti was sleeping. At that time the appellant came out from that room and stabbed the belly of Laxmi Naik and again on her chest by a knife. Laxmi Naik shouted and hearing her shout her son namely Ranjan came to that place and saw the appellant running away. He saw his mother with injury on her belly and chest. Then he went inside the room and found his sister Shanti was lying dead. He took his mother to Hospital with the help of neighbourers where his mother was treated as an indoor patient. Thereafter he lodged an F.I.R. before Nayapalli Police Station, on the basis of which Nayapalli P.S. Case No. 237 of 1999 was registered for commission of offences under Ss. 302 and 307 of I.P.C. and investigation commenced. After completion of investigation, charge sheet was submitted and the appellant stands charged under Sec. 302 of I.P.C. for committing murder to his wife -Shanti Naik and under Sec. 307 of I.P.C. for attempting to commit murder to his mother -in -law Laxmi Devi.

(3.) The prosecution in order to establish the charges examined as many as nine witnesses and exhibited several documents which were marked as Exts. 1 to 12. Out of the witnesses examined by the prosecution P.Ws. 1, 2 and 3 were the independent witnesses. P.W. 4 is the mother -in -law of the appellant. P.W. 5 is the informant and son of Laxmi Dei. P.W. 6 is another sister of Laxmi Dei. P.W. 7 is the father -in -law of the appellant. P.W. 8 is the Medical Officer, who conducted postmortem examination of the deceased and P.W. 9 was the Investigating Officer.