KANIKA MISTRY ALIES MANDAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant calls in question the order of conviction and sentence passed against her on 18-9-2003 in Sessions Case No. 25 of 2000 by Addl. Sessions Judge, Malkangiri convicting her under Section 302 of the I. P. C. and sentencing to undergo imprisonment for life.

(2.) The factual position as presented by the prosecution sans unnecessary details is as follows : On 15-11-1999 at 11.15 A. M. information was lodged at Kalimela P. S. by informant Sita Mistry that she was absent from home at M. V. 57 Village on 14-11-1999 and on her return home at 10.00 A. M. she found her son Sankar Mistry (hereinafter referred to as 'deceased') lying dead in front of her house. To ascertain the cause of the death of the deceased a meeting was convened and in the said meeting in presence of Sarpanch and other villagers her daughter-in-law Kanika Mistry (accused) disclosed that she was responsible for the death of deceased. On further questioning she gave out that the deceased, her husband, was not of her choice and she was in love with one Binay of M. V. Village 130 and to get rid of deceased she administered poison in his food, taking which he died.

(3.) On this information police registered case and took up investigation and ultimately on completion of formalities of investigation charge sheeted the accused under Section 302, IPC and the accused after commitment to Court of Sessions Judge, Koraput faced trial in the Court of Addl, Sessions Judge, Malkangiri and was convicted.