NIRANJAN MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has called in question the judgment of conviction and sentence passed by the learned Ad-hoc Additional Sessions Judge, F.T.C., Bhubaneswar convicting him for offence punishable under sections 304 (Part II) and 201 of I.P.C. and sentencing him to undergo rigorous imprisonment for a period of seven years and two years respectively followed by the order that the substantive sentences would run concurrently.

(2.) Case of the prosecution is that: On 11.11.2002 evening the informant P.W. 3 came to his house after finishing his work when he found his son crying and on being asked he stated that his father, the appellant to have killed his mother. The appellant then came there and disclosed that when his wife refused to provide water, he dealt two to three blows by means of a bamboo stick on her resulting her fall on the ground and ultimately there occasioned the death in further stating to have buried the dead body. Oral report being made before the Officer of the concerned Police Station necessary case was registered and investigation commenced. On completion of investigation charge-sheet was submitted placing the appellant for trial for commission of offence punishable under Sections 302 and 201 of I.P.C. and that is how the appellant faced the trial.

(3.) During trial, prosecution examined 13 witnesses. Defence has examined one.