DUINATH BANK ALIAS BIBHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appenant has been convicted under sections 302 and 326 of the Indian Penal Code and sentenced to undergo imprisonment for life and rigorous imprisonment for three years for each of the offences respectively.

(2.) The appellant was a rickshaw puller and a resident of Beherapali in the out-skirt of Bolangir town. He married deceased Bhalu who had a daughter. Sari (PW.-7), aged about ten years and a son aged about five years through her first husband. The couple along with the children lived in a portion of the house of Gupta (P.W. 6). It was alleged that the appellant and the deceased had frequent quarrels for two days prior to the date of occurrence i.e. 8.10.1979 which was a Monday. In the morning of the date of occurrence the appellant picked up quarrel with the deceased. When P.W. 7, Sari intervened, the appellant threw a khuri (a large and heavy bell-metal utensil used for taking rice with gruel) which hit her. Thereafter the appellant became furious, picked up a Tangia (M.O. 1) and started assaulting the deceased by means of it. Seeing the assault on her mother, P.W. 7 ran outside and informed P.W. 6, Gupta who was sitting at the front door of her house about the assault. Shortly thereafter, P.W. 6, Gupta saw that the deceased was running hither and thither outside the house and the appellant chasing and assaulting her by means of the Tangia. The deceased fell down inside the nearby drain being seriously injured. Even when she had already fallen down, the appellant dealt a few more blows on her by means of the Tangia P.W. 7, Sari cried and protested. The appellant dealt a blow on her bead by means of the Tangia, threw it on the ground and ran away towards the Sambalpur road. P.W. 7. Sari was removed to the Bolangir hospital by P.W. 5. Premlai and another for treatment. The deceased was also taken to the same hospital where she breathed her last. P.W. 8, the Sub-Inspector of Police. Bolangir Police Station first received a phone message at about 8.30 a.m. from the Medical Officer, Bolangir hospital and recorded the station diary (Ext. 16). Thereafter, he ascertnined the facts regarding the incident and drew up First Information Report (Ext. 9) suo motu. After close of investigation he submitted charge sheet against the appellant for offences under section 302 and 326 of the Indian Penal Code.

(3.) The appellants plea was a complete denial of his complicity in the crime.