BIJAYA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Bijaya Naik is in appeal before us, u/s 374(2) Cr.P.C. challenging his conviction u/s 302 I.P.C. and sentence of life imprisonment therefore dated 17.6.2002, imposed by Sessions Judge, district Berahampur in S.C. No. 266 of 2000, State versus Bijaya Naik (arising out of G.R.Case No. 11 of 2000, J.M.F.C. Digapahandi, district Berahampur).

(2.) Prosecution case, stated concisely, as was got slated in the FIR Ext.6 by the informant Ballabh Naik/PW3 and subsequently unfurled during the trial by the prosecution witnesses, evinces that the appellant Bijaya Naik, his wife Shanti Naik(the deceased), Ballabh Naik informant/PW3, his wife Basini Naik/PW4 and other witnesses all were residents of village Basudevpur under Digapanadi police station district Ganjam, and were very well known to each other and in fact appellant is the nephew of the informant and his wife. On the ill fated incident day, 22.1.2000, at about 4 a.m. informant/PW3 and his wife/PW4, while they were sleeping, heard the shrieks of the deceased 'Marigali-Marigali' and when they rushed out of their house, they spotted in the moon light that the deceased lying in an injured condition and the appellant standing by her side holding a blood stained Kati/ M.O.III (sharp edged cutting weapon) and a crowbar/ M.O.II. Accused appellant accosted PWs 3 & 4, informant and his wife, as "I am killing my own wife If anybody intervenes will also be similarly killed". Such a fear loaded threat forbade the informant and his wife /PW4 to approach the appellant and the deceased any further, who then retreated and bolted themselves inside their house. Meanwhile other people gathered at the spot, therefore after 5-10 minutes the informant could muster courage to come out.

(3.) Incident information was relayed to the police station Digapahandi at 9 a.m. by Medha Shyamghan/PW1, president of village committee, on phone, which was received by A.S.I. Anadi Charan Pradhan who penned it down in the station diary vide entry no. 472 and then he entrusted A.S.I. Sachidnanda Subudhi/PW13, Havildar P.C.Das, Const. G.Buludu/PW7, Shyama Naik, and village watchman Ishwar Naik to inquire into the matter. Arriving at the village at about 10-10.15 a.m., A.S.I. Sachidananda Subudhi/PW 13 received a written FIR/Ext.6 from the informant/PW3 slated by Narasingha Sethi/PW2, which he treated as the actual FIR and consequently commenced investigation on it's basis after instructing Havildar P.C. Das to carry Ext.6 to the police station for registration of the case and the formal FIR, Ext/6/2, which was registered at the police station on 22.1.2000 at 11 a.m. as P.S. Case No. 10 of 2000, u/s 302 I.P.C. by the same A.S.I.