PUMA CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction of the appellant for the offence under section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life passed thereunder.

(2.) Chandra (P.W. 5) and Indra (deceased) are two brothers. Nisha (P.W. 8) is the wife and Sajani (P.W. 6), Kaincha (P.W. 7) and Rajani (P.W.9) are the daughters of Chandra. Appellant Puma is the husband of Rajani.

(3.) Prosecution story in brief is that marriage between the appellant and Rajani was solemnised sometime in 1987. As the appellant tortured Rajani, after about one year of the marriage, with pregnancy of 3 months, she came away to the house of her father Chandra (informant) and did not agree to go back. Rajani delivered a daughter in her fatherTs house. After birth of the-daughter, the appellant came to Rajani 3 to 4 times and returned after quarrelling; Two days prior to 27.2.1989, the appellant's mother with her niece in-law came and wanted to take Rajani and her daughter. When they were told that Rajani was not willing to go back, they wanted to take her daughter. Chandra told them to take her daughter after she started taking rice. Thereafter they returned. Then on 27.2.1989 at about 7 p.m., the appellant came to the house of Chadra and lifted his daughter from the lap of Rajani with a view to take her. Seeing this, Indra (deceased) protested on the ground that the child was small and it was night time, and snatched the child from the appellant. The appellant got annoyed, brought out the knife which he was concealing and after piercing the same on the chest of Indra; ran away with the same. Indra sustained heavy bleeding injury and died instantaneously. The appellant took the plea of denial.