ISWAR JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order of conviction passed by the Sessions Judge Joypore sentencing the appellant to undergo rigorous imprisonment for life in Sessions Case No.9 of 1991 for the offence under section 302 I.P.C.

(2.) Prosecution case is that the deceased went to the house of her father Laxman Muduli (P.W. 5), the informant in the case along with her one year old son after quarrelling with her husband (the accused) about one month prior to the date of occurrence and stayed with her father the accused came to the house of the informant about fifteen days prior to the date of occurrence to take the deceased and his son to his house. He became unsuccessful when the deceased refused to go due to fever. Again the accused came to the house of the informant on a Tuesday i.e. on 18.9.1990 to take his wife and son. The informant told the accused that they will go on Friday i.e. 2 1.9.1990. It is alleged that the accused on the following Thursday (26.9.1990) took away his son and went to his village Girliguma. At this, the deceased insisted her father (informant) to take her to the house of the accused. Accordingly, the deceased, her father Laxman Muduli (P.W. 5), elder sister Pratima Muduli (P.W. 2) and Jim Muduli (P.W. 6), the husband of P.W. 2 left the house in the morning on 21.9.1990 to go to the house of the accused. On the way to village Girliguma near village Miandra, they met the accused, his mother and brother coming from their village, they talked with them and the informant Laxman Muduli left the deceased in the company of her husband (accused) and left the spot along with Pratima Muduli and Jiiru Muduli with a view to return to their house. Hardly they covered a distance of 80 cubits from the spot they heard the sound Man GaIt, Man GaliT coming from the spot where they left the deceased in the company of the accused. They looked back and saw the accused pulling out a Tangia from the neck of the deceased. The accused fled away throwing the Tangia when the informant, his daughter and son-in-law rushed towards the spot. The deceased died then and there having sustained bleeding injury on her neck. The informant on the very day of occurrence at 6.00 P.M. went to Girliguma Outpost functioning at village Muran and orally reported the incident to Dhruba Charan Mallik (P.W. 8) the A.S.I. of Police Dasamantpur P.S. in-charge of the said Out-post. His oral report was reduced into writing, a case was registered on treating the said report as F.I.R. subsequently at Dasamantpur P.S. Investigation followed and ultimately charge-sheet under section 302 I.P.C. was placed against the accused after completion of the investigation.

(3.) The accused while being examined under section 313 of the Cr. P.C. abjured his guilt and pleaded that on the date and time of occurrence he was going to village Singpur along with his mother and brother. They met the deceased, her father, elder sister and brother-in-law on the Mandra road. The accused on seeing them asked the deceased as to why she was staying in the house of her father and suggested to go to her house. Saying so, the accused started dragging the deceased. At that time Jiru Muduli rushed towards the accused raising a Tangia to assault him. When the accused bent down the Tangia blow fell on the neck of the deceased as a result of which she fell down and died. Thereafter Jiru Muduli fled away With the Tangia.