RAJIB LOCHAN GARNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Rajib Lochan Gamaik stand convicted under section 302, I.P.C. for having committed murder by intentionally causing the death of his wife Fulbani. He has also been convicted under section 498A, I.P.C. for having subjected her to cruelty. On the former count, he has been sentenced to undergo rigorous imprisonment for life and on the letter to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- with a defaulting sentence. The sentences are to run concurrently.

(2.) Briefly stated, the prosecution case is that the appellant had married Fulbani on 11.5.1987. They have been living together in the house of the appellant in village Ratanpur. The appellant used to pick up quarrel with his wife because the latter was of black complexion. He was also ill treating her on this ground. Meetings were held to bring about record between them in village Ratanpur as well as in the village of Fulbani. On 14.10.1989 a meeting was held which was attended by persons belonging to different villages. In the said meeting the appellant agreed to behave properly with the wife. The prosecution alleges that on 6.4.1990 at 7 p.m. the appellant asked his wife to give him rice but she served him with fermented rice on account of which he get annoyed with her and throttled to her death.

(3.) The plea of the appellant is one of denial.