MANGALA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge in this appeal by the sole appellant-Mangala Gouda, who is the husband of the deceased, is to the impugned judgment of his conviction dated 30.09.2005 for offence under Sec. 302 of IPC and sentence of life imprisonment with fine of Rs. 5000/- and in default of payment of fine to serve six months additional rigorous imprisonment recorded by Additional Sessions Judge, Jeypore, in Crl. Trl. No. 10 of 2005.

(2.) Shorn of unnecessary details, the charge against the appellant is that on 9.9.2004 at 2 P.M. he has committed uxoricide by murdering his wife Bimala Gauda, in their house by slicing her neck with a knife for the motive that appellant had extra marital relationship with another woman for which deceased had declined to prepare meals for him.

(3.) In usual course, observing the criminal trial procedure, case of the appellant was committed to the Court of Session for trial, where it Was registered as Criminal Trial No. 10 of 2005. Appellant was charged with the offence under Sec. 302, IPC and since he abjured that charge, to establish his guilt, his prosecution for that offence commenced.