PRASANTA DANDIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 3/7/2018 passed by the learned Additional Sessions Judge, Champua in ST. Case No.27 of 2017 arising out of G.R. Case No.287 of 2016 corresponding to Baria P.S. Case No.71 of 2016 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Champua.

(2.) Prosecution case is that the marriage between the accused and Rashmirekha (deceased), the daughter of Ratiranjan Pradhan (P.W.1) had taken place sometime around the mid of the year 2015. After about six to seven months of the marriage, the accused demanded a motor cycle to be given to him by the father of the deceased and as said demand was not met, it is said that the accused started ill-treating and treating the deceased. When such ill-treatment and torture was continuing, on 5/12/2016 in the afternoon, the accused having returned from his work place, assaulted the deceased by means of one Amari stick and gave slaps and thereafter, having sprinkled kerosene upon her body set her ablaze. Due to such incident, the deceased sustained burn injuries all over her body and thereafter the villagers having come to know about the same, gathered and sent the deceased in a Ambulance to the District Headquarter Hospital (DHQ), at Keonjhar where in course of treatment, she died on the next day.

(3.) On 6/12/2016 around 1.15 a.m. the father of the deceased (P.W.1) lodged a written report before the Assistant Sub-Inspector of Police (A.S.I.-P.W.17) who was then present at Baria Police Station. In the absence of Officer-in-Charge (O.I.C.), said A.S.I. immediately registered the case and took up investigation. He then examined the Informant (P.W.1) and deputed a constable to guard the dead body. He, thereafter proceed to the house of the accused where the accused and the deceased were residing as husband and wife. In presence of witnesses, he prepared the spot map (Ext.9). Few villagers present there were also examined. From the spot, he seized half brunt wearing apparels of the deceased and one thin mattress (Kantha) and prepared the seizure list. He then having searched for the accused did not find him. Thereafter, departing from that place, he went to the DHQ Hospital, Keonjhar where he requisitioned the service of the Executive Magistrate for holding inquest over the dead body of the deceased and held the same in presence of the Executive Magistrate and other witnesses and prepared the inquest report (Ext.4). He examined some other witnesses and then issued requisition for holding the Post Mortem Examination over the dead body of Rashmirekha (deceased). The accused was not present and, therefore, he engaged spies to get information regarding the whereabouts. On 7/12/2016 receiving reliable information as to the whereabouts of the accused, he conducted raid in the house of the accused and finding him to be present there, apprehended him. He then recorded his statement and it is said that the accused while in police custody besides having confessed to have killed his wife (deceased) by pouring kerosene and setting her ablaze, further stated to have kept that plastic chocolate jar in which kerosene had been stored and poured over the deceased and the Amari stick which he had used for assaulting the deceased and thus leading P.W.17 and other witnesses to the place where those had been kept by him, he gave recovery of the same from inside the bamboo bush located in front of his house, which were then seized. The accused then was medically examined and was forwarded in custody to the court.