SIDHESWAR PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, namely Sidheswar Pradhan faced the trial on the charges under Sec. 302 of the Indian Penal Code (in short, hereinafter referred to 'IPC') before the learned Ad-hoc Addl. Session Judge, Fast Track Court, Phulbani for committing murder of his wife the deceased (hereinafter referred as 'the deceased') by setting her on fire by pouring kerosene over her body wherein, the learned court found him guilty in the offence charged as above, convicted and sentenced the Appellant to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5000.00 (Rupees five thousand), in default to undergo further Rigorous Imprisonment for six months.

(2.) The prosecution case, in brief, is that a written report was lodged with the Officer-in-Charge of Sarangada Police Station by Raji Pradhan, the father of the deceased, on February 26, 2009, at 4:30 p.m. The report alleged that the deceased had married the Appellant approximately five years' prior, according to the customs of their community. While they initially lived together peacefully, marital discord eventually arose. On February 26, 2009, Raji Pradhan received information from one Sukanta Pradhan, his grandson and residents of the same village that the Appellant killed the deceased. Following the incident, the deceased was taken to Sarangada for treatment by her sister Mashyafulla, her husband Saiba, and some co-villagers. The Medical Officer provided treatment and referred her to the District Headquarters Hospital in Phulbani. Since the accompanying persons had no money with them to carry the injured to the District Headquarters Hospital, Phulbani, they returned to the village to arrange funds, but she succumbed to her burn injuries on the way at around 4 a.m. Upon hearing this, the Informant immediately went to the village of the Appellant, confirmed his daughter's death, and subsequently lodged the written report at the police station. Upon receiving the FIR, the Officer-in-Charge of Sarangada Police Station registered the case vide Sarangada P.S. Case No. 10 dt. 26/2/2009 and commenced investigation.

(3.) In the course of the investigation, the Investigating Officer (I.O.) examined the informant and the scribe of the FIR (P.W.9). He instructed a constable to guard the spot where the deceased's body was kept. The I.O. visited the spot, examined witnesses, recorded their statements under Sec. 161 of the Cr.P.C., and seized incriminating articles including a piece of burnt saree, a plastic jerrycan containing kerosene, a broken matchbox, and half-burnt matchsticks found in the kitchen of the Accused-Appellant's house. The I.O searched for the Appellant but he couldn't be traced. Due to darkness, the I.O. could not conduct the inquest over the deceased's body that night.