MEGHANADA MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 24.01.2009 recorded by the learned Additional Sessions Judge (F.T.), Sambalpur in S.T. Case No.24/34 of 2008, convicting the appellant for the offence under Section 304, Part-II, I.P.C. and sentencing him to suffer R.I. for seven years with the benefit of set off under Section 428, Cr.P.C.

(2.) Binod Duan (P.W.2) is the informant. Daughter of the appellant, as found from the evidence of the witnesses, namely Anjana Duan had eloped with Binod Duan (P.W.2) and they were staying as man and wife prior to the occurrence. Deceased Bisakha Duan is the mother of the informant Binod Duan (P.W.2). The occurrence happened on 25.07.2007 at about 8.30 P.M. in front of the house of the appellant at village Kudapada under Sasan P.S. in the district of Sambalpur. Some days prior to the occurrence, Anjana Duan, daughter of the appellant returned from her matrimony and came to stay in his father's (appellant's) house. Some times prior to the occurrence Binod Duan (P.W.2) came to the house of the appellant to bring back Anjana Duan to his house. The appellant refused to leave Anjana and abused the informant (P.W.2) in filthy words. The informant (P.W.2) came to his house and narrated the incident before his mother Bisakha Duan (deceased). Bisakha Duan then came to the house of the appellant situated in the same village and asked the appellant to leave Anjana Duan to her house. The appellant all of a sudden assaulted the deceased on her head with a piece of wood. The incident was witnessed by Dillip Mirdha (P.W.7) and Sunil Mirdha (P.W.8). Immediately after the occurrence, other villagers including P.W.2 came to the spot. They rushed Bisakha Duan (deceased) to the place of Dr. Gopal Chandra Behera (P.W.6), a Homoeopathic doctor of the locality. From there she was brought back to her house and again on the next day she was shifted to the District Headquarters Hospital, Sambalpur, where she was treated by Dr. Kalyani Patra (P.W.4). After two days, she was shifted to V.S.S. Medical College & Hospital, Burla, where she succumbed to the injuries while undergoing treatment.

(3.) Prosecution examined 11 witnesses to bring home the charges against the appellant. Besides the witnesses introduced in the preceding paragraph, P.W.1 Satyaram Duan is the husband of the deceased and a postoccurrence witness, P.W.3 Bihari Duan is a witness to the inquest, P.W.9 Manoj Kumar Malla is the witness to the seizure of the wearing apparel of the accused and the deceased, P.W.5 is the Medical Officer, who conducted post-mortem examination.