STATE OF ORISSA Vs. KENDAGERI LACHANNA

JUDGEMENT

(1.) THIS Government Appeal has been filed against the judgment and order dated 30.6.1988 passed by the Learned Additional Sessions Judge, Koraput -Jeypore in Sessions Case No. 35 of 1987 (103 -87 of S.J.) convicting and sentencing the Respondent to undergo R.I for seven years for the offence under Section 304 (Part I) I.P.C. and to undergo R.I for one year for the offence under Section 324 I.P.C. The sentences were to run concurrently.

(2.) THE brief facts of the case are that the Respondent (accused in Court below) had married the daughter of Kadarama Mallanna. Both the Respondent and his father -in -law belonged to the same village Dumaguda under Rayagada P.S. in the district of Koraput. Kadaraka Bhima, the informant and deceased Kadaraka Balaji are brothers of Kadaraka Mallanna. A female child was also born out of the wedlock of Respondent and his wife. The Respondent till treated his wife, assaulted her for which she took shelter in the house of her parents. When the accused went to bring her back to his house, his in -laws did not allow the bride to accompany her husband. The day preceding the date of occurrence when the accused/Respondent went to bring his wife from the house of his father -in -law, his wife with her daughter kept herself concealed and in the absence of Kadarama Mallanna, the informant and the deceased did not allow the wife of the Respondent to accompany him (Respondent). On the same Saturday night the Respondent having not seen his wife and daughter, lost his balance of mind, got enraged and moved around the village holding the axe in his hand.

(3.) INFORMANT Kadarama Bhima appeared at Rayagada P.S. on the same day at about 11 a.m. and submitted oral report, which was reduced to writing by the Officer -in -charge. The O.I.C. registered P.S. Case No. 95 of 1987 and directed S.I of Police of the said P.S. to take up investigation. After completion of investigation the I.O. submitted the charge sheet.