DENGENA PATAMAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) ON 18.1.2013. the appeal was heard and judment dictated in Court. Appeal was allowed in part converting the offence under section 304. Part - I, I.P.C. and modify the sentence. Release order communicated. the reasons of the judgment follow.

(2.) THE appellant having been convicted for commission of offence under section 302 of I.P.C. and sentenced to imprisonment for life by the learned Sessions Judge, Sessions Judge, Kalahandi Boudh, Phulbani in S. T. No. 30 of 1999 has preferred this appeal against the said order of conviction and sentence.

(3.) THE case of the prosecution as revealed from the records is that on 7.8.1998 at about 10 A.M. while Gumburi Sukamajhi (P.W. 2) was bringing his bullocks to leave in cattle shed, heard the sound of quarreling between deceased and her husband on house hold affairs and saw the accused was assaulting the deceased by means of Ghasa Khusuni (M.O. II) as a result there was profuse bleeding from her head and face. She was running towards eastern direction of the village pressing her head shouting "Marigali, Marigali". P.W. 2 informed the incident to some of the villagers including the informant, Risma Sukamajhi (P.W. 1) and Tuti Sukamajhi (P.W. 5) immediately, who were in their lands. They along with some villagers came to the spot and found the deceased lying dead in the maize field of P.W. 1 with profuse bleeding from injuries on her head and face and on different parts of the body. Thereafter, they came to the house of the accused. On being asked, the accused confessed that as his wife was quarrelling with him, being enraged, he assaulted her by means of Ghasa Khusuni M. O. II and Gadi (M. O. I). The son of the accused, namely, Kudenda Patamajhi and other persons saw the assault made by the accused. On the basis of the F.I.R. (Ext. 1) lodged by P.W. 1 to that effect, the case was registered and investigation was taken up. After completion of the investigation, charge -sheet was submitted against the accused -appellant for commission of offence under section 302. I.P.C. The statement under section 164, Cr. P.C. of P.W. 2 and the son of the accused was also recorded.