RAITA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from jail is projected against the judgment and order of the learned Sessions Judge, Sambalpur, dated 15-11-80 convicting the appellant u/s.302, IPC for intentionally causing the death of his wife Shakuntala and sentencing him thereunder to R.I. for life.

(2.) A brief narration of the prosecution case is that at about 10 p.m. on 14-8-79 the appellant intentionally caused the death of his wife Shakuntala Munda. It is found from the narration of the prosecution case that after the demise of his first wife, the appellant took Shakuntala for his second wife. The first wife had left behind her two sons, one being P.W. 10 and the other son having been taken in adoption by the appellant's father-in-law. On the date of occurrence, at about evening there was a quarrel between the appellant and the deceased and the bickering was stopped as the appellant was chastised by his brother P.W. 8 who returned home at that time along with his wife P.W. 9 and nephew P.W.10, i.e., the son of the appellant, after selling fire-wood at Sambalpur. Thereafter, the appellant, Shakuntala and P.Ws. 8, 9 and 10 had their evening meals. P.W. 8 with his wife, P.W. 9, the appellant with his wife Shakuntala, and P.W. 10, the son of the appellant, were living in the same row of houses though in different rooms. After the evening meals, the appellant went inside his room along with his wife. Soon thereafter, P.Ws. 8, 9 and 10 heard sounds of beating coming out of the room of the appellant. They also heard the groaning sound of Shakuntala in the room of the appellant. At that time they also saw the appellant coming out of his room with a Tangia and proceeding towards the police station saying that he had killed his wife. P.Ws. 8, 9 and 10 went inside the room and saw Sakuntala lying in a pool of blood and in spite of water being administered to her by P.W. 10, she did not respond and expired. While the appellant was proceeding towards the Rengali Outpost, the Home Guard P.W. 5 and his companions met him on the way. The appellant informed them that he was going to the Outpost to make a report that he had killed his wife. P.W. 5 and his companions escorted the appellant to the Outpost where he produced the Tangia, M.O. III. The Assistant Sub-Inspector of Police in charge of the Outpost (P.W. 11) entered the appellant's report in the station diary and seized the Tangia, M.O. III, in the presence of witnesses including P.W. 4. P.W. 11 thereafter sent the extract of the station diary entry to P.W. 12, the Officer-in-charge of Katarbaga Police Station who was then camping at Jharsuguda. P.W. 12 proceeded to the spot in the very night, held inquest on the dead body and sent the same to the Government Hospital at Jharsuguda for post-mortem examination and seized a piece of Sari and a Napkin from the spot. He also sent the appellant to the Government Hospital at Jharsuguda for collection of blood clots sticking to his body and for taking his nail scrappings which was done by the doctor P.W. 1. P.W. 2 held that post-mortem examination and also examined the Tangia, M.O. III. All the incriminating articles were sent to the State Forensic Science Laboratory for chemical examination and serological test. After completion of the investigation, the appellant was charge-sheeted u/s.302, IPC and put on trial.

(3.) The plea, of the appellant is one of complete denial.