INDRASINGH Vs. STATE OF ORISS

JUDGEMENT

(1.) None is available for the appellant. This appeal is pending in this Court since 1996. The impugned judgment was passed on 10-5-1996. Even prior thereto, the appellant was in custody. The occurrence in question took place in the dead of night at or about 1.30 A. M. on 23-3-1994. Some time thereafter the appellant was arrested and since then he is languishing in jail. Under the circumstances, we are constrained to take up this appeal for disposal in the absence of the counsel for the appellant.

(2.) We have heard learned Additional Standing Counsel appearing for the State. He has taken us through the evidence on record.

(3.) Prosecution case, in brief, is that on 23-3-1994 at or about 1.50 A. M. P. W. 9 Sadhu Charan Singh lodged an oral information at Lathikata Police Station alleging, inter alia, that the mother of the appellant informed him that the accused appellant was assaulting his wife inside his room and was not opening the door of the room. The informant was called to the house of the appellant by the mother of the appellant. After reaching the house of the appellant, the informant found the deceased lying on the floor of the kitchen in a pool of blood. On the basis of the said oral information which was reduced into writing by the Officer on duty at the said Police Station, an F. I. R, under Section 302, I. P. C. was registered against the appellant. After usual investigation, a charge-sheet was filed against the appellant under Section 302, I. P. C. In course of time, the case was committed to the Court of the learned Sessions Judge, Sundargarh. The case was ultimately tried in the Court of the learned Additional Sessions Judge, Rourkela. In the trial Court the case was registered as S. T No. 150/40 of 1994. The learned trial Court on perusal of the materials on record, framed charge under Section 302, I. P. C. against the appellant to which he pleaded not guilty. In course of trial, in all 12 P. Ws. were examined on behalf of the prosecution. None was examined on behalf of the appellant.