JEET AMARESH SATPATHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The convict by filing this appeal U/S.374(2) of the Code of Criminal procedure, 1973(In short, the 'Cr.P.C.') seeks to assail the judgment of conviction dtd. 20/10/2016 passed by learned Additional Sessions Judge, Balasore in Sessions Trial No. 06/231 of 2015 whereby and whereunder the appellant was convicted for offence U/S. 302 of IPC for committing uxoricide and was sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00 in default whereof, to undergo Rigorous Imprisonment for two years thereunder.

(2.) Briefly stated the facts by which the appellant was convicted giving rise to this appeal, are the deceased Nirupama Ghosh was the wife of the convict Jeet Amaresh Satpathy and their marriage was solemnized one year prior to the occurrence, but when the deceased came to know about the child born out of the previous marriage of the convict with another lady, she became annoyed and wanted to ascertain the fact from the convict, who thereupon was abusing the deceased, picking up quarrel with her and assaulting her very often. One month prior to the occurrence, the deceased had been to her parental house and asked for a sum of Rs.50,000.00 to be paid to in her in-laws, but her father (PW1) paid only Rs.15,000.00 to her by expressing his inability to fulfill the demand of rest amount. When the matter was like this, on 19/2/2015, PW1 got informed by Raibania Police that his daughter has been murdered. On getting such information, PW1 rushed to the in-law's house of his deceased daughter located at Bagbrundaban, Balasore and found the dead body of his deceased daughter lying in a pool of blood with multiple injuries on her body in the dining space of the first floor of her in-law's house.

(3.) Findings sufficient materials constituting the offence, the learned SDJM, Balasore took cognizance of offence U/S.302 of IPC and committed the case to Court of Sessions by notifying the order of commitment and following committal procedure. The learned Additional Sessions Jude, Balasore on receipt of record on transfer and finding sufficient materials to proceed against the convict framed charge against him for offence U/S. 302 of IPC. This is how the trial against the convict commenced.