KASINATH MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against a judgment dtd. 13/4/2006 passed by the Additional Sessions Judge, Boudh in S.T. Case No.22 of 2005 convicting the Appellant for the offence punishable under Sec. 302 of IPC and sentencing him to undergo imprisonment for life.

(2.) By an order dtd. 19/1/2012, this Court directed that the Appellant be enlarged on bail during the pendency of the appeal.

(3.) The case of the prosecution is that on 24/10/2004 at around 9.30 am, while the Appellant was returning from the village Baragochha with his wife Bhagyaseni Mallick @ Keta (hereafter, 'the deceased'), on the way at Lungurujena near Kenjari jungle, he brutally assaulted the deceased by means of a stone and she died on the spot. On the report of Balakrushna Mahamallik (P.W.1), the local police commenced investigation. Surendra Baghsingh (P.W.11), who was the Officer-in-Charge, Manamunda Police Station (PS), received a written report of P.W.1 and in the course of investigation he visited the spot and examined witnesses. On 25/10/2004, he held an inquest over the dead body of the deceased. He seized the bloodstained earth, sample earth, the piece of stone stained with blood in the presence of witnesses and prepared a seizure list. He then sent the dead body for autopsy. He seized the wearing pant and shirt of the Appellant, the ornaments of the deceased and arrested the Appellant on 26/10/2004. The statements of two of the witnesses were recorded under Sec. 164 Cr PC on 8/11/2004. After receipt of the postmortem report and chemical examination report, P.W.11 submitted a charge sheet on 11/1/2005.