SOMANATH SABAR @ TELENGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, having been convicted for commission of offence under Sections 302/436 IPC and sentenced to undergo imprisonment for life for commission of offence under Section 302 IPC and to undergo rigorous imprisonment for seven years for commission of offence under Section 436 IPC, has preferred this appeal from jail.

(2.) The case of the prosecution is that on 18.1.2001 at about 7:15 PM, the informant - Pitara Sabar (PW.3) lodged a written report before the S.I. Police (P.W.6) of Gunupur Police Station at his camp at padidi alleging therein that on 17.1.2001 at about 5:00 PM, the appellant, came to the village and said that he would burn his mother (deceased) like a person of Odingi was set fire and saying so, he entered into the house and poured kerosene on his mother and set fire to her. Seeing this, the informant and others rushed to the spot and found that while the deceased, in order to save herself, tried to come outside the house, her burning clothes came in contact with the thatched roof as a result of which the fire got spread to other houses. Further, on 18.1.2001, the O.I.C. of Gunupur Police Station received a telephone call from an unknown person that a person had set fire upon an old lady in village Padidi. On getting this information, the O.I.C. made an entry in the station diary and directed the S.I (P.W. 6) to go to the spot for inquiry. On reaching the spot, P.W.6 found Hadia Sabaruni lying unconscious with burn injuries on her person. He examined her husband - Lakia Sabar and sent the lady to S.D. Hospital, Gunupur for treatment, Subsequently, he received information that on 19.1.2001 at about 9:30 AM, the victim died at the hospital and after completion of the formalities, he filed charge-sheet as against the present appellant under Section 436/302 I.P.C.

(3.) The appellant took the plea of complete denial and took a specific plea that due to enmity, PWs. 3, 4 and 5 falsely implicated him in this case.