PENTA SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant-Penta Sabar was prosecuted for committing uxoricide by murdering his second wife Gurubari Sabar, sister of the informant Sharma Sabar, on 24.12.2004 at 5 p.m., inside the bed room of his house situated in village Janiguda, under police circle Paralakhemundi, district Gajapati, by the Additional District and Sessions Judge, in Sessions Case No. 9/2005/Sessions Case No. 158/05(GDC) and was adjudged guilty of that crime under Section 302, IPC and resultantly was convicted of that crime and sentenced to imprisonment for life and to pay a fine of Rs.5000/- and in default to serve another six months RI vide impugned judgment and order dated 05.05.2006. Challenge in this appeal by the convicted accused appellant is to the aforesaid verdict.

(2.) The back ground incident, as is evident from the FIR Ext.1, materials collected during the investigation and the deposition of the witnesses during the trial, reveals that the deceased Guribari Sabar was the second wife of the appellant, a cultivator, resident of village Janiguda, P.S. Parlakhemundi, District Gajapati. Incidentally the appellant was also the second husband of the deceased whose first husband was one Kurei Sabar. Both, from Kurei Sabar as well as from the appellant, deceased was blessed with a son each both named as Jisaya. First Jisaya Sabar from the earlier husband Kurei Sabar and the deceased resided in the informant's village Kotapeta under Serango Police Station, District Gajapati, where as the other son Jisaya from the appellant and the deceased resided in village Janiguda. After twenty years of their marriage, when their son was aged about six years, on the ill fated day, i.e., 24.12.2004, at 5 p.m. there was a quarrel between the appellant and the deceased in the witnessing of Santiamma Sabar, daughter-in-law of the appellant/deceased and it is alleged that the appellant with the help of his Lungi strangulated his wife Gurubari Sabar to death. Information regarding demise of the deceased was conveyed to her brother Sharma Sabar/PW.2 at his poultry by his agnatic elder brother Lakia Sabar/PW.4. Both the brothers then arrived at the scene of the incident saw the cadaver of the deceased covered with a blanket and a Lungi was tied around her neck. Both the brothers then laid the search for the appellant, who was located by them at village Kathalakaitha at the house of his elder brother but seeing them appellant fled away. The incident was narrated to the Sarpanch S.Balaraju/PW.7 of village Podami by the brother of the deceased Sharma Sabar and on his advice, Sharma Sabar/PW.2 got the FIR Ext.1 scribed through Jayadev Apata/PW.8 and then tramping to a distance of 11 Kms., informant/PW.2 got his FIR registered on 25.12.2004 at 1.30 p.m. at Parlakhemundi P.S. as Case No. 219 of 2004 under Section 302, IPC.

(3.) Autopsy on the cadaver of the deceased was conducted on 26.12.2004 by Dr. Prasant Kumar Padhi/PW.3, who detected the following three injuries on the corpse of the deceased:-