JOGESWAR SOY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 21/12/2005 passed by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial No.7 of 2005 arising out of G.R. Case No.299 of 2004 on the file of learned S.D.J.M, Karanjia.

(2.) The Appellant (accused) has been convicted for committing the offence under Sec. 302/201 of the Indian Penal Code (for short, "the IPC"). Accordingly, he has been sentenced to undergo imprisonment for life under Sec. 302 of IPC and to undergo R.I. for four years under Sec. 201 of IPC with the stipulation that the substantive sentences shall run concurrently.

(3.) The case of the prosecution is that on 14/7/2004 one Sukura Bansingh (Informant- P.W.1) lodged a written report before the Karanjia Police Station stating therein that he had given his daughter in marriage with the accused. They were living as husband and wife in village Ranibhol. Prior to the occurrence, the accused was ill-treating and assaulting the deceased. On 3/7/2004, he along with the deceased went to the forest situated near their village. After few days, accused returned alone. When the Informant and others asked him about the deceased, he did not reply. Thereafter, the Informant searched the deceased at different places. On 13/7/2004 he came to know from Taparia Bansingh (P.W.4) that while tending the cattle in the forest, he noticed foul smell coming out from a place in the forest and the said place was covered with leaves and branches. On getting information from P.W.4, P.W.1 along with P.W.4 and others went to the spot and after removing the leaves and branches they found the skull and skeleton of the deceased. From the saree and bangles of the deceased they could know that the skull and skeleton concealed at the spot was of the deceased. On the basis of the same, Karanjia P.S. Case No.106 of 2004 was registered against the accused. After investigation, charge sheet was submitted and on the basis of the same, the accused faced trial being charged under Sec. 302/201 IPC for causing death of his wife Basanti Soy.