CHANDRA SEKHAR PRADHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and order of sentence dtd. 19/11/2012 passed by the learned Sessions Judge, Phulbani in Sessions Trial No.45 of 2011 arising out of G.R. Case No.244 of 2010 corresponding to Balliguda P.S. Case No.91 of 2010 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Balliguda. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302/201 of the Indian Penal Code, 1860 (for short, 'the IPC'). 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 one (1) year for commission of the said offence.

(2.) PROSECUTION CASE:- The accused, namely, Chandra Sekhar Pradhani had married one Ichha Pradhani, who died after giving birth to a son, namely, Sankrati Pradhani (Informant-P.W.1). The accused then married one Dulhai Pradhani. Since no child was born through Dulai, quarrel used to take place between the accused and Dulhai. Sometime in the year 2006-2007, after a quarrel, wherein the accused had assaulted Dulhai, the son of the accused (Sankrati) (Informant-P.W.1) failed in his attempt to make the accused understand and remain silent. On 28/11/2010 morning, the Informant (P.W.1) and his wife (Kanchan-P.W.2) went to their land at Gadagadadangaru for having the ploughing operation over there. Sankrati (P.W.1) when returned home around 8.00 a.m., the accused, having quarreled with his wife Dulhai, had assaulted on the head of Dulhai by means of an axe and left the house. A report being scribed by Bhagirathi Baliarsingh (P.W.10), the Informant (P.W.1) submitted the same to the Inspector-inCharge of Balliguda Police Station (P.S.). The IIC (P.W.16), treating the written report as FIR (Ext.1), registered the case and took up the investigation.

(3.) The Investigating Officer (I.O.-P.W.16), in course of the investigation, examined the informant (P.W.1). The I.O. (P.W.16), having visited the spot, prepared the spot map (Ext.13). He too held inquest over the dead body in presence of the witness and prepared the report (Ext.2). He (P.W.16) sent the dead body of Dulhai for post mortem examination by issuing necessary requisition. The blood stained earth and sample earth were seized by the I.O. (P.W.16) under seizure list (Ext.4). It was stated that the accused, while in police custody, gave the statement to have concealed the weapon and stated that if he would be taken to the place, he would give recovery of the same. Pursuant to the statement, the accused is said to have led the police (P.W.16) and other witnesses in giving recovery of the weapon, which was seized under seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through Court. On completion of investigation, the Final Form was submitted placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.