PANCHU NAHAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was convicted under S. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life by the learned Sessions Judge, Berhampur for having committed the murder of his wife, Kumari.

(2.) The prosecution case is that Kumari (referred to as 'deceased'), a divorcee was married to theappellant, a widower about eight years prior to the occurrence which took place early in the morning of 8-1-1980. They had a son, namely, Hina who at the time of occurrence was aged about five years. They were living in a house of their own adjoining the house of the appellant's separated brother, husband of PW. 3, Api Nahakani. About three or four days prior to the occurrence the appellant had taken away some gold ornament from the person of the deceased for which there seems to have been some misunderstanding between the couple and for which the parents of the deceased had to intervene.In the night of 7-1-1980, the appellant, the deceased and their minor son after taking their food retired to bed as usual. There was no other person in the house. Early in the morning P.W. 3, Api Nahakani heard the cries of Hina and went to the house of the appellant. The door of the bed room was ajar and when she peeped inside, she found that a Dibiri (a kind of local lamp) was burning inside the bed room and the deceased was lying injured in a pool of blood. She was groaning and struggling for life. She administered some water to the deceased, but she could not swallow it and breathed her last. There was a blood stained axe (M.O. II) and a blood stained Katuri (M.O.I) lying near the dead body of the deceased. The appellant was nowhere to be seen. Sometime later when the incident became known to the villager, the Grama Rakhi (P. W. 5) came to the place of occurrence and then left for Purusottampur Police Station where he lodged the FIR (Ext. 1/1). The parents of the deceased, P. W. 1 Khali Behera and P.W. 2 Hira Beherani also arrived. The dead body was sent for post-mortem examination and investigation was commenced by P. W. 5, the Officer-in-charge of Purusottampur Police Station who arrested the appellant, who had absconded, on 10-1-1980. After close of investigation he submitted charge-sheet against the appellant.

(3.) The appellant took the plea that early in the morning of 8-1-1980 he opened the door of his house and went out to the fields to answer the call of nature. When he returned he saw the deceased lying injured. One Judhistira Raut jumped upon him and escaped He went to the police station and reported the incident. He denied to have committed the murder of the deceased.