RAIKISHORE JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Raikishore Jena faced trial in the Court of learned Adhoc Addl. Sessions Judge (F.T.C.), Jajpur in C.T. Case No.27 of 2009/11 of 2009 for the offence punishable under sec. 302 of the Indian Penal Code (in short 'I.P.C.') on the accusation that on 25/9/2008 at about 1.30 p.m. in village Kuansha under Mangalpur police station in the district of Jajpur, he committed murder of his wife Benga @ Sinia Jena (hereafter 'the deceased').

(2.) The prosecution case, in short, is that on 25/9/2008 at about noon, the appellant Raikishore Jena returned home from his cultivable land and asked the deceased to serve him food. The deceased told him to wait for some time, as the cooking was in process. Hearing this, the appellant became furious and entered inside the house and brought out a 'Katuri' and assaulted the deceased by dealing successive blows on her neck, face, head, ear, etc., as a result the deceased died at the spot. The Ward Member of mouza Kuansha namely Seshadev Jena (P.W.10) lodged F.I.R. before the Officer-in-charge, Mangalpur police station at the spot which was scribed by the Sarpanch, on the basis of which Mangalpur P.S. Case No.91 dtd. 25/9/2008 was registered under Sec. 302 of I.P.C. against the appellant.

(3.) After submission of charge sheet, the case was committed to the Court of Session where the learned trial Court framed charge against the appellant as aforesaid and since he refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.