SOBHA CHANDRA GOUDA Vs. STATE

JUDGEMENT

(1.) In this appeal from jail, the appellant has challenged his convictions under sections 302 and 379 of the Indian Penal Code - Since the appellant was going undefended, we engaged Mr. A.K. Naik, Advocate to represent him at the State expense.

(2.) BRIEF narration of the prosecution case is that on 21.1.1931 in the night the appellant was going with the deceased and P. W. 3 to village Kadalimunda to see cinema. On the way he caught hold of the neck of the deceased, pushed her to also short distance and made her to fail on the ground. After she fell down, the appellant dealt knife blows on her neck resulting her death at the spot. The appellant removed the ornaments from the body of the deceased. Assuring P. W. 3, who was his servant, to give share of the ornaments, the appellant threatened him not to disclose the occurrence. On 22.1.1981, P. W. 2 orally reported at Gothmunda Out Post at 11 -30 p.m. that somebody had killed Palak Dei, the deceased. A Station diary entry was made which was sent to the Officer -in -charge, Koksara Police Station. On 23 -1 -1981 at about 10 a.m. P. W. 1, Chandradhwaja Sahu reported at the Koksara Police Station that P. W. 8, hand killed his wife. This was treated as the F. I. R. and the Officer -in -charge (P. W. 12) proceeded to the spot and took charge of investigation from the Assistant Sub -Inspector of the Out Post, P. W. 11, who after inquest sent the dead -body for post -mortem examination to Dharamgarh hospital through P. W. 7, the Police Constable. P. W. 10, the doctor conducted autopsy on 24.1.1981. After investigation, charge -sheet was submitted against the appellant.

(3.) IN order to bring home the charge, prosecution has examined 13 witnesses. P. W. 3 is the only eye -witness who was engaged as the field servant of the appellant during the material period. P. W. 1 lodged F. I. R. in the Police Station on 23.1.1931. P. W. 2 is the sister of P. W. 8, the husband of the deceased who want to call the deceased from instance of her brother. P. W. 8 is the husband and P. W. 9 is the father -in -law of the deceased, P. W. 4 is a seizure witness. P. W. 5 lodged station diary entry dated 22.1.1981 and is a witness to the inquest. P. W. 6 is a witness to the seizure of the ornaments and the knife, the weapon of offence, from the house of the appellant. P. W. 7 is the Police Constable, who accompanied the dead body to Dharamgarh hospital for post -mortem examination. P. W. 10 is the doctor who conducted the autopsy. P. W. 11 was the Assistant Sub -Inspector of Police attached to Gothamunda Out Post and he held inquest over the dead body on 23 -1 -1931 at noon. P. W. 12 was the Officer -in -charge of Dharmagarh Police Station, who was investigating into the case. 4 . P. W. 33 was the Special Judicial Magistrate, who conducted the T. I. Parade for identification of the ornaments of the deceased.