SANU BINDHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction under sections 436 and 302, I.P.C. and sentence of imprisonment for five years under the former section and sentence of imprisonment for life under the latter section.

(2.) Prosecution case is, the appellant. P.W. 2 his second wife and the deceased (appellants mother) were staying together in the house. The first wife of the appellant was living separately at some other place. On the previous day to the date of occurrence on 2.1.1990, the appellant gave out to leave P.W.2 and get back his first wife to which the deceased objected. In the morning around dawn time the appellant again brought up the issue and this was objected to by both P.W. 2 and the deceased. At this the appellant got angry, and set fire to his house and threatened both to assault. The house, caught fire and seeing this P.W. 2 ran away to the house of P. W. 3 and informed him of the appellant having set fire to that house. By the time she came along with the witnesses, the house was still on fire and the deceased was found lying with bleeding injuries on her person and the appellant was standing with an axe. When he was asked about the misdeed, he ran away from the place of occurrence. In his defence, the appellant pleaded that P.W.2 killed his mother.

(3.) Mrs Sujata Jena, learned counsel appearing for the appellant, strenuously urged for acquittal of the appellant on the ground of inconsistency in the evidence of the prosecution witnesses, non- examination of material witnesses and discrepant nature of medical opinion. Mr. G. K. Mohanty, learned counsel for the State, on the other band, supported the judgment of conviction.