SARAT BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the sole appellant Sarat Behera is directed against the judgment dated 4.5.1994 passed by the Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 19 of 1993 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer R.I for life.

(2.) Prosecution case in brief is that deceased was the wife of the appellant. On 9.10.1992 at 7.30 A.M. P.W.1 Surendra Behera being the uncle of the appellant lodged an oral complaint before the Officer-in-charge, Bisoi Police Station alleging, inter alia, that the informant and his three brothers used to live separately. On the previous day (8.10.1992) upon returning from the Hat (Market), the informant and his other brothers were taking rest in their respective rooms. That very night at about 2 A.M. P.W.4 Rama Behera being the wife of elder brother of the informant called the informant and told him that the appellant killed his wife and left the place. Upon learning this, the informant reported this mater to his younger brothers Baiak Ram and Gobind Ram. Thereafter, all of them together entered in to the room of appellant and found the deceased being the wife other appellant lying dead. They also found blood on the floor below the cot. They further noticed cut injuries on the neck of the deceased. The wearing apparels of the deceased were also stained with blood. Upon seeing this, the informant and other enquired from his nephew Bharat (P.W.3). He told them that after his father returned from the market, ail were taking rest in their respective rooms. The appellant and his wife and their daughter were also taking rest in their room. At around 1.30 A.M. in the night of occurrence they heard the daughter of the appellant crying. Being attracted by the cries of the daughter of the appellant, Bharat (P.W.3) entered the room of appellant with a lightened lamp locally called 'Dibiri' and found that the deceased was lying dead on her cot. On seeing this, P.W.3, Bharat raised an alarm and that attracted others to the room of the appellant. The informant along with P.W.3 and others searched for the appellant upon the seeing the aforesaid and yet, the appellant could not be traced out. They also searched for the weapon of offence by which the deceased was murdered. However, the weapon of offence could not be traced out. P.W.3, Bharat however informed the informant and others that in the previous evening, the appellant made an attempt to murder the deceased. In these circumstances, the informant further expressed suspicion in his oral information that the appellant must have killed the deceased with a sharp cutting weapon. The aforesaid oral information lodged by P.W.1 Surendra Behera was reduced into writing and his signature was obtained thereon and on that basis an F.I.R. under Section 302 I.P.C. was registered against the appellant. After usual investigation, police submitted charge sheet against the appellant under Section 302 I.P.C.

(3.) In course of time, the case was committed to the Court of learned Sessions Judge, Mayurbhanj, Baripada. On perusal of the materials on record, learned trial court framed a charge under Section 302 I.P.C. against the appellant to which the appellant pleaded not guilty.