(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and the order of sentence dated 24the June, 2016 passed by the learned Additional Sessions Judge, Bonai, in Sessions Trial No.136/231 of 2013 arising out of G.R. Case No.60 of 2013 corresponding to Mahulipada P.S. Case No.4 of 2013 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Bonai. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302/506 of the Indian Penal Code, 1860 (for short, 8the IPC9). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 (Rupees Ten Thousand) in default to undergo rigorous imprisonment for six (6) months for commission of the offence under Sec. 302 of the IPC and undergo rigorous imprisonment of one (1) year for commission of the office under Sec. 506 of the IPC with the stipulation that the substantive sentences would run concurrently.
(2.) Prosecution Case:- On 15/2/2023 at about 8.00 a.m., one Ullas Behera (informant-P.W.1) presented a written report (Ext.1) with the Officer-in-Charge (OIC) of Mahulipada Police Station to the effect that in the previous night, despite their protest, his son-in-law (accused) had assaulted his daughter Kamalini (deceased) to death and thereafter, the accused, having threatened them, had left the house. It has also been indicated therein that the accused committed the murder of his wife (daughter of the informant) suspecting her character. The OIC (P.W.15) having received the above written report from the informant (P.W.1), treated the same as FIR (Ext.1) and registering the case, took up investigation.
(3.) In course of investigation, the Investigating Officer (I.O.-P.W.15) examined the informant (P.W.1) and other witnesses. Proceeding to the spot, he (P.W.15) prepared the spot map (Ext.10). He held inquest over the dead body of the deceased and prepared his report (Ext.2). He also seized the incriminating articles at the spot and then sent the dead body for post mortem examination by issuing necessary requisition. Ther accused thereafter being apprehended was forwarded in custody to Court. On completion of the investigation, the I.O. (P.W.15) submitted the Final Form placing the accused to face the Trial for commission of the offences under Sec. 302/506 of the IPC.