KANDA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant, having been convicted by the learned 1st Additional District & Sessions Judge, Baripada in ST Case No.140 of 2014 for offence punishable U/S.302 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced to undergo imprisonment for life with payment of fine of Rs.5,000.00 in default whereof, to undergo Rigorous Imprisonment (RI) for further period of six months, has assailed his conviction and sentence in this appeal. An overview of prosecution case:

(2.) On 15/2/2014 at about 8.30 AM in the morning, while PW6 Shyama Marandi was working in the house of PW2 Laxman Hansdah, the appellant reached there and told something in the ear of PW2 and, thereafter, PW2 told PW6 that the health condition of his wife Srimati Marandi (hereinafter referred to as the "deceased") is serious and asked him to go to his house, but PW6 did not find his wifethe deceased in his house and some person informed him that his wife was lying at Raipita pond and then, PW6 went there and found his wife-the deceased lying dead. At that time, PW7-Salga Hansdah informed PW6 that the appellant has committed murder of his wife. On receipt of such information, PW6 went to Baisinga police station on the same day i.e. 15/2/2014 and lodged the FIR (Ext.9) at about 10.30 AM against the convict and three others suspecting them to be involved in this case. Accordingly, PW13- Niranjan Das registered Baisinga PS Case No.27 of 2014 against the appellant-convict and three others for offences punishable U/Ss.302/34 of IPC, and took up the investigation of this case. PW13 accordingly conducted investigation by examining the witnesses, preparing the spot map under Ext.10, conducting inquest over the cadaver of the deceased under Ext.1 and dispatching the dead body of the deceased for PM examination. PW13 then also seized blood stained & sample earth from the spot under Ext.4 and, thereafter, arrested the appellant who gave the recovery of the weapon of offence "Katuri(MOI)" pursuant to his disclosure statement and, accordingly, PW13 seized MOI under seizure list Ext.3. PW13 also seized the wearing apparels of the appellant under Ext.7. Further, PW13 sent all the incriminating materials including the wearing apparels of the appellant vide MOII and III as well as MOI along with the wearing apparels of the deceased vide MOIV and V to RFSL, Balasore for chemical examination and, subsequently, the chemical examination report under Ext.15 was received and on conclusion of investigation, PW13 submitted charge-sheet against the appellant for commission of offence U/S.302 of IPC resulting in trial in the present case after denial of appellant to the charge for aforesaid offence. This is how the trial commenced.

(3.) In order to prove the charge, the prosecution examined altogether 13 witnesses vide PWs.1 to 13, proved certain documents under Exts.1 to 16 and identified material objects vide MOI to V as against no evidence whatsoever by the defence. Of the witnesses examined in this case, PW6 is the informant, whereas PW7 is the sole eye witness to the occurrence. PW5 is the doctor who had conducted autopsy over the dead body of the deceased and PW13 is the IO. In addition to these witnesses, PWs.1 to 4 and PWs.8 to 12 are examined to prove the inquest report, seizure list and the occurrence in this case.