SUNDAR BAIRAGI Vs. STATE

JUDGEMENT

(1.) THE appellant was tried for an offence under Section 302. I.P.C. for having caused the death of his wife Bhagabati and also for an offence under Section 309. I.P.C. for attempting to commit suicide. He was found guilty of both the offences and sentenced to undergo imprisonment for life for the offence under Section 302. I.P.C. and simple imprisonment for six months for the offence under Section 309. I.P.C. Both the sentences were directed to run concurrently.

(2.) PROSECUTION case may be briefly stated as follows: On the night of 7th January. 1979 the appellant with his wife and two children - a son aged four years and a daughter aged six months - was sleeping in his house. One Purendar Tarasia a leper was taking shelter on the outer verandah of the house of the appellant. Some time before dawn the said Purandar Tarasia raised a cry that the children of the appellant were crying and that something unusual had happened in his house. The cry raised by Purandar attracted the attention of P.Ws. 1 and 2. the neighbours of the appellant. They came near the house of the appellant and found that the entrance door of the house was bolted from inside. They called the appellant and asked him to open the door, but he threatened to kill any one who entered his house. Other villagers also came there and the local Sarpanch was sent for. When the appellant did not open the door despite repeated request one Khagapati Rout broke open the door and brought out the son of the appellant who was behind the door. By the focus of torch light the people present could see the appellant and his wife lying on the floor of one room in a pool of blood. Out of fear nobody dared to enter the room. The Sarpanch (P.W. 3) closed the door from outside and reported the matter at the Police Station. The Police Officer (P.W. 11) visited the spot on 8th January. 1979 at 9 -30 a.m. and found the appellant's wife lying dead and the appellant present there with several marks of injuries on his person. He also found a knife sticking to an injury on the head of the appellant. He sent the appellant for medical examination, despatched the dead body of the wife of the appellant for post -mortem examination, and seized the bloodstained articles from the room where the dead body was lying. The appellant was taken to custody after he was discharged from the hospital on 26 -3 -79. In due course he was charge -sheeted under Sections 302 and 309. I.P.C.

(3.) THE trial Court came to the conclusion that it was the appellant who caused the death of his wife and that he attempted to commit suicide. Accordingly it convicted and sentenced the appellant as aforesaid.