LAXMINARAYAN MAHANTO ALIAS LAKSHMI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant assails his conviction under Sections 304. Part II and 201 of the Indian Penal Code and sentence of R.I. for 5 years and 2 years respectively awarded by the Additional Sessions Judge, Jeypore.

(2.) TO draw it mild, prosecution case is, the deceased was the wife of the appellant. The marriage between the two took place in 1979. At the relevant time the appellant was serving as Teacher in the A.D.A.V. High School, Sunabeda and was staying in a quarter with the deceased with their child aged about two years. It was alleged that on 18 -7 -1982 about 9 a.m. the prosecution witnesses who were also occupying portion of the same building complex suddenly heard the shout of a lady and went to the quarter. They found the deceased lying dead with burn injuries. Some of the prosecution witnesses also found the appellant sleeping in the down -stair of the building. The appellant lodged a written repart with the police that his wife died of an accidental fire on the night of 17/18 -7 -1982. Thereafter the police came and investigated into the matter and after registering U.D. Case No. 8 dated 18 -7 -1982 inquest was held over the dead body and subsequently the dead body was sent for post -mortem examination which was held in 19 -7 -1982 by P.W.9. Thereafter the dead body was handed over which was subsequently hurried. About two months thereafter, the matter was again reopened treating the case as one of murder and on the second occasion after the post -mortem examination was held by P.W. 17, a case under Section 302/201, I.P.C. was instituted, and after completion of investigation charge -sheet was submitted and the appellant faced trial. The appellant denied the prosecution allegation as is found from the 313 statement.

(3.) THE learned Additional Sessions Judge has held that the conduct of the appellant at the time of occurrence was somewhat peculiar and was not expected of a person witnessing his own wife on fire. The learned Additional Sessions Judge also considered adversely Ext. 20 i.e copy of the F.I.R. in the U.D. case by the appellant which showed therein that the deceased caught fire by accident. No other circumstance is found to have relied on by the learned Additional Sessions Judge in recording the conviction.