ANTARYAMI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Antaryami Sahu was been convicted under Section 304 Part - II of the Indian Penal Code (for short, the IPC) and sentenced to undergo rigorous imprisonment for three years by the learned Sessions Judge, Dhenkanal for having killed his wife Susama (hereinafter to be referred to as the deceased) on 24.8.1983 at about 6 A.M.

(2.) In short, the prosecution case is that the accused-appellant belonging to village Kalada married the deceased who is the daughter of Pravakar Sahu (P.W.3) of village Tuianga in the year 1981 and kept her in his house. At that time the accused was serving as a tax collector in Talcher Municipality. After their marriage they could not live a happy conjugal life for long as the accused started suspecting her chastity. Due to frequent absence of the accused from his house, the deceased was living at times in the house of her parents situated at a distance of about 22 to 23 miles from the house of her in-laws and at times in the house of the accused. The accused took DikshyaT (discipleship) and giving up service went away to Paradap where he stayed for 2 to 3 months for such long absence of the accused the deceased went away to her parents house. After return of the accused to his house, information was sent through one Kulamani Sahu (not examined) on 22.8.1983 that the accused was seriously ailing for which the deceased should be sent to his house. After receiving such information the deceased came to the house of the accused on the very same day which was a Monday along with her uncle Pandav Sahu (P.W. 1) mother, aunt and her younger sister and reached there at about 10 P.M. Since the ailment of the accused was not very serious as reported, P.W. I and others who had gone to the house of the accused returned to their house leaving the deceased there on the next day i.e. 23.8.1983. At that time the father of the decaled (P.W. 3) was serving as an operator in the Talcher Thermal Station and on hearing front his nephew Dorga Sahu (not examined) about the ailment of the accused on 23.8.1983 he went to the house of the accused in village Kalada in be company of his friend Sudarsan Behera (P.W. 4) in two separate bi-cycles covering a distance of about 7 miles. After their arrival in the house, they took their dinner and slept in the entrance room whereas the accused and the deceased slept in their bed-room and the other family members consisting of the accusers father Trilochan Sahu (P.W. 9) and his two other unmarried sons and one unmarried daughter and one divorced sister slept in other rooms. In the following early morning of 24.8. 1983 when P.Ws. 3 and 4 got up they found that the bi-cycles of P.W. 4 which had been kept along with the bi-cycle of P.W. 3 in the inner courtyard of the accusers house was not there and thinking that the some might have been taken casually by someone they went outside for the purpose of easing. After finishing such work when they returned to the house of the accused they found that the bicycle of P.W. 4 was there in front of the house under lock and key. They got themselves ready to return to their place of working and when they went to the inner courtyard to take permission of the accused and his father for their departure they found to their utter surprise that the accused was moving in an agitated mood holding a Katari (M.O.IV), while the deceased was sweeping the inner courtyard with the help of a broomstick. At that point of time, the accused rushed to the deceased and holding the tuft of her hairs dealt Katari blows to her neck of which she fell down there. The father and one of the brothers of the accused who were standing on the adjoining Verandah did not even arise protest. Being frightened at such sight, P.Ws 3 and 4 came outside and called some villagers who were cleaning their mouths and doing other works but they refused to come. Thereupon, while P.W .3 left for his village on foot for some distance and by- bus for the remaining distance leaving his bicycle (M.O.I), umbrella (M.O.II), and pair of hawai chapals (M.O.III) in the inner courtyard, P.W. 4 carried his bicycle to a nearby house where with the help of a SANOWASHI the lock of the bicycle was opened and then he left for his place of working in that bicycle. On his return to his house in village Turanga, P.W. 3 disclosed the incinerate to his family members but finding no male person to whom he could send to the house of the accused to ascertain the condition of the do he left for Angul where ill the electric office he met his brother (P.W. I) and disclosed the incident. Thereafter their nephew Golak Sahu (not examined) was sent to the house of the accused to ascertain the condition of the deceased and P.W. 1 went to Parjang Police Station. Within an hour or two the said Golak Sahu came to the said Police Station and informed about the death of the deceased. Accordingly, P.W. 1 got the F.I.R. (Ext. 1) written by another person and submitted the same at the said Police Station.

(3.) Doing investigation the police seized the bicycle, chapals and umbrella of P.W. 3 from the house of the accused, as per the seizure list Ext. 6. The Katari (M.O.IV) was also seized from the spot under Ext. 9. Some sample earth and bloodstained earth were also seized from the spot under Ext. 7. Inquest over the dead body of the deceased was held, as per Ext. 2 and thereafter the same was sent for postmortem examination to Kamakshyanagar Sub-Divisional Hospital along with the dead body challan Ext. 12 through a constable. The incriminating materials were sent for chemical examination to the State forensic Science Laboratory, Rasulgarh. The accused could not be arrested as he was absconding but subsequently he surrendered in court. After completion of investigation, charge-sheet having been submitted, the accused, after commitment of the case, faced trial for the offence punishable u/s. 302 I.P.C.