BISHNU CHARAN GANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This Appeal has been registered under Sec. 374 Cr.P.C. receiving the prisoner's petition through Welfare Officer, District Jail, Phulbani, where the Appellant was incarcerated. The Appellant has been convicted under Sec. 302 IPC and has been sentenced to undergo imprisonment for life by the judgment dtd. 17/2/2006 passed by learned Sessions Judge, Phulbani in ST No.111 of 2003.

(3.) The prosecution story is that the Appellant had married the deceased- Mina Nayak nine years prior to the date of occurrence, i.e., on 4/2/2003. They were blessed with two daughters. The Appellant was very often ill-treating and assaulting his wife, the deceased. On 4/2/2003 at about 3:00 PM, there was some altercations between the Appellant and the deceased and the Appellant assaulted the deceased. Later at 7:00 PM, the Appellant again assaulted the deceased mercilessly for which the deceased suffered serious bodily injuries and succumbed to such injuries. On 5th February at 6:00 AM, the maternal uncle of the deceased (the Informant) got information about the death of the deceased and came to the house of the Appellant, where he found the deceased lying dead in the courtyard of the house of the Appellant. The Informant found injuries on her person. He enquired about the death of the deceased from the villagers who informed that the Appellant assaulted the deceased to death on the previous day. Thus, the Informant lodged FIR at Khajuripada Police Station. Upon receipt of the report, the Police registered Khajuripada PS Case No.12 dtd. 5/2/2003. As the FIR disclosed a cognizable case, the Investigating Officer took up investigation. On the basis of the FIR, GR Case No.55 2003 was registered on the file of learned SDJM, Phulbani.