GURU CHARAN MALLIK Vs. STAFE OF ORISSA

JUDGEMENT

(1.) This jail criminal appeal is directed against the judgment and order dated 03.07.2004 passed by the learned Additional Sessions Judge, Kendrapara in Sessions Trial No. 11/78 of 2004 convicting the present appellant for commission of offence under Section 302, Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The prosecution case, in brief, is that the deceased was the wife of the accused and sister of the informant. It is alleged that the accused used to assault the deceased frequently. So, four months prior to the incident, the deceased had gone away to her brother's house. But, however, one month prior to the incident, the deceased had joined with the accused. On 09.04.2003, the informant heard that the accused committed murder of the deceased. He immediately proceeded to the occurrence village and saw the dead body of his sister lying at the spot with injury. There, he came to know that the accused assaulted the deceased by means of a "tangia", as a result of which she died and, thereafter, the appellant fled away with the "tangia". He also came to know that on the day before the incident the accused was assaulting the deceased and was asking her to go away to her parents' house. Accordingly, he reported the matter to the police consequent upon which investigation commenced and after its due completion charge-sheet was submitted against the accused under Section 302, IPC.

(3.) The plea of the defence is complete denial of the allegation.