SANI KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HAVING been prosecuted and found guilty of murdering her husband, the present appellant Sani Kirsani was convicted for offence u/s. 302 I.P.C. and sentenced to imprisonment for life by Additional Sessions Judge, Malkangiri in C.T. No. 15 of 2004, State of Orissa versus Sani Kirsani, vide impugned judgment and order dated 17.5.2006, from which decision this appeal emanates.

(2.) BACKGROUND facts are gestated in a short narration: that both, the appellant wife Sani Kirsani and her husband Rama Kirsani, the deceased, as spouses, were residing in village Nandiniguda P.S. Orkel district Malkangiri. It is alleged that the deceased had gone to village Nuaguda and was sleeping by the road side in a tipsy condition near the house of one Bhubaneshwar Singh, when the appellant wife arrived there and asked him to accompany her to their residence. Lying of the deceased in a sloshed condition was also informed by Damburu Jadia, husband of Mula Jhadia/PW4, to her who is the sole eye witness to the present incident. Since the accused was not listening to her, the appellant is alleged to have assaulted him and pelted stones and metals lying at the spot at him. There after Mula Jhadia/PW4 with the help of her husband carried the injured husband to the house of Bubaneshwar, but he lost his breath soon thereafter.

(3.) AUTOPSY examination on the corpse of the deceased was performed by PW7 on 8.12.2003 and post mortem examination report Ext. 6 was slated by the doctor, according to whose depositions deceased had sustained following ante mortem injuries: - -