BHAGABAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard.

(2.) Appellant challenges the order of conviction under Ss. 302, 304-B and 498-A of I. P. C. and sentence of imprisonment for life imposed on him by the learned 1st Additional Sessions Judge, Berhampur in S. C. No. 34 of 1996 (S. C. No. 234 of 1996 G. D. C.).

(3.) Prosecution case, in short, is that appellant is the husband of the deceased, Gita, who, at the age of 21 years i.e., about 4 years after her marriage, died on 13-1-1996. According to the post mortem report Ext. 12 and the evidence of the doctor PW 12 there was no mark of violence, i.e., external injuries on the body of the deceased, but she died due to Asphyxia caused by throttling and not by infliction of any inj ury with the help of M. O. l. Phunkanala (blowing pipe). According to PW-12, the deceased suffered a homicidal death. The parents of the deceased got the message of death of the deceased from PW-4 and arrived at the house of the accused. On seeing them accused admitted to have committed the crime and prayed to excuse him. He did the same in presence of other persons also. When the parents of the deceased and other persons were still present at the spot, accused escaped but was arrested later on. In course of interrogation, he gave discovery of M. O. 1, which was seized according to the provision under Section 27 of the Evidence Act.