KHAGAPATI KALAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dtd. 4/4/2012 passed by the learned Sessions Judge, Nabarangpur in Criminal Trial No.74 of 2006 arising out of G.R Case No.146 of 2006, corresponding to Jharigam P.S. Case No.23 of 2006 of the Court of the learned Judicial Magistrate First Class, Umerkote. The Appellant (accused) thereunder has been convicted for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (in short, 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.1000.00 (Rupees One Thousand) for commission of the offence under Sec. 302 of the IPC.

(2.) PROSECUTION CASE:- Bella Pandey is the wife of the accused. The marriage between the accused and Bella had taken place in or about the year 1995-96. They were residing in a house at Kusumi situated near the parental house of Bella. On 27/4/2006, the accused, Bella, Bella's mother, namely, Sukaldei Pandey (P.W.5) and brother, Lachmi Pandey (P.W.4) had gone to village Banjiamba to the house of one Ballava Pandey (P.W.1) in order to attend an obsequies ceremony. It was around 11 am, after reaching the house of Ballava, P.W.1, all took their lunch. Around 5 p.m. in the evening, a quarrel took place between the accused and his wife Bella. Bella then went to the house of one Ananta Pandey, which was near the house of Ballava (P.W.1). She was sitting on the veranda of the said house. It is stated that the accused followed Bella and assaulted her when she was sitting on the veranda of Ananta by giving fist blows, slaps and kicks. The incident wherein the accused was assaulting his wife (Bella), had been seen by Bansi Kalara (P.W.9) and one Pradeep, the two children, who were playing near the courtyard of the house of said Ananta. On account of such assault by the accused, Bella lost her sense. Wife of Ananta, namely, Haramani Pandey, having come to know about the incident, reached there. She found Bella lying on the verandah where the accused was sitting. The mother of Bella (P.W.5) also came there and saw her daughter (Bella) lying dead on the verandah. She went to her house at village Kusumi, which was four kilometer apart and informed the same to her sons (P.W.4 & 6). All of them, i.e., P.Ws.4, 5 & 6 immediately went to village Banjiamba and saw the deceased lying at the spot without any sense. Bella was lifted by P.W.6 & others on the back carrier of the bi-cycle and all including the accused returned to their village Kusumi. Many villagers, i.e., P.Ws.2, 7 & 11 came to see Bella. Bella was then dead. Being asked by P.W.11, the accused, in presence of other villagers, confessed to have assaulted his wife Bella in the house of Ananta Pandey, which had led to her death. On the next morning, the brother of Bella, i.e., P.W.4 lodged a written with the Officer-in-Charge (OIC), Jharigam P.S. On receiving the said report, the OIC treated the same as F.I.R. (Ext.3) and upon registration of the case, took up the investigation.

(3.) In course of investigation, the Investigating Officer (I.O.- P.W.13) examined the informant (P.W.4) and other witnesses. The I.O. (P.W.13), having visited the spot, prepared the spot map (Ext.9). The I.O. (P.W.13) held inquest over the dead body of Bella and prepared the report (Ext.2). He (P.W.13) sent the dead body of Bella for post mortem examination by issuing necessary requisition. The blood stained earth and sample earth from the spot were seized under seizure list (Ext.1). The I.O. (P.W.13) apprehended the accused on the same day, i.e., 28/4/2006 at about 5.00 p.m and seized the wearing apparels of the deceased and accused under seizure lists Ext.10 & 4 respectively. On 11/5/2006, the Circle Inspector (C.I.) of Police (P.W.12) took the charge of the investigation from the I.O. (P.W.13). The second I.O. (P.W.12) visited the spot and sent the seized incriminating articles for chemical examination through Court. On completion of investigation, the second I.O. (P.W.12) submitted the Final Form placing this accused to face the Trial for commission of offence under Sec. 302 of the IPC.