KALA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE appellant, having been committed for the offence under Section 304 Part -II of the Indian Penal Code for committing homicide not amounting murder by killing of his wife by the learned Addl. Sessions Judge, Balasore in S.T. Case No.25/253 of 2008 as per judgment dated 8.2.2010, has preferred this appeal assailing the conviction and sentence.

(2.) THE case of the prosecution, in short, is that on 16.1.2008 one Kanhu Majhi lodged a written report before the O.I.C., Basta Police Station to the effect that his daughter, Chhuti Majhi, had married the accused about ten years ago. It was alleged by the informant that after marriage the appellant used to assault his daughter and on 15.1.2008 five co -villagers of the accused informed him that his daughter had died due to a fall. W hen the informant arrived at the house of the accused, the latter told him that his daughter had consumed poison and died. Since some other co -villagers informed him that there was a quarrel between the accused and the deceased the day before, the informant suspected his son -in -law, the accused, to have killed his daughter. Basing on the report, Basta P.S. Case No.6/2008 was registered and police took up investigation. After completion of investigation, charge sheet under Sections 498 -A/302 of the I.P.C. was submitted by the O.I.C., Basta P.S. Hence, the accused stood trial for the aforesaid offence.

(3.) IN course of trial, the accused took the plea of denial. In order to prove its, the prosecution has examined seven witnesses. P.W.4 -Jada Majhi, who happens to be the son of the accused -appellant is the sole eye witness to the occurrence. P.W.2 -Kanhu Majhi is the informant. P.W.1 -Kuanra Majhi is the constable who escorted the dead body of the deceased for post mortem examination. P.W.3 -Dr.Ajay Krushna Samal conducted Post Mortem examination on the dead body of the deceased. P.W.5 -Phula Majhi is the mother of the deceased. P.W.6 -Ramesh Majhi is a co -villager of the informant. P.W.7 - Jagmohan Mohanty is the Investigating Officer of the case. The prosecution also relied upon several exhibits.