MANGALA OYALE Vs. STATE OF ODISHA

JUDGEMENT

(1.) Judgment and order dated 20.11.2004 passed by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No.275 of 2003, convicting the appellant (hereinafter referred to as the accused ) for committing murder of his wife (hereinafter referred to as the deceased ) under Sec. 302, I.P.C., and sentencing him to undergo R.I. for life, are assailed in this Jail Criminal Appeal by the accused, presently lodged in the District Jail, Koraput to undergo the sentence.

(2.) The prosecution placed before the trial court a case that 16.02.2003, a Sunday, was a weekly fair day at village Semiliguda. The accused along with the deceased had been to that weekly fair to market sundry goods. After the marketing, both of them left for their village. But, on their way back to home, at about 7.30 P.M., near Dompanigadha 'Dangar' (a hillock) of village-Mukhi Bidei, both of them had an altercation which led to a fight between them. The accused overpowered the deceased and pinned down her to the ground and mercilessly assaulted her on her face and head with a lathi and stone and caused severe bleeding injuries for which she lost her sense. Then the accused dragged her to a little distance i.e. to near Dompanigada Nala (stream of water) and found her to have succumbed to the injuries. The accused, however, guarded her dead body there throughout the night. On the next day morning, when people found him sitting near her dead body, he confessed before them to have killed the deceased during course of mutual fight between them. The matter was reported to the police at Semiliguda Police Station by the Ward Member, namely, Shyam Sundar Majhi(P.W.1) in writing (Ext.1), pursuant to which Semiluguda P.S. Case No.23 of 2003 was registered. The police investigated the matter and found substance in the allegation inasmuch as the investigation indicated that the accused was the author of the crime and as such the police placed charge-sheet against the accused for commission of offence punishable under Sec. 302 of the I.P.C. Learned S.D.J.M., Koraput also took cognizance of the same and finding the case to be triable by the Court of Sessions, committed the same. Hence, the accused be proceeded for committing the murder of the deceased.

(3.) Learned Sessions Judge, Koraput at Jeypore, placing reliance on the aforesaid case of the prosecution which was also supported by the materials collected by the police during investigation, framed charge under Sec. 302 of the I.P.C. against the accused. But the accused pleaded not guilty of the charge and faced trial. The prosecution examined as many as 10 witnesses besides exhibiting certain documents and also material objects to establish the charge against the accused. The accused who took a plea of denial and false implication, did not adduce any independent evidence in support of such plea. The trial court on conclusion of the trial, appreciating the evidence adduced by the prosecution, returned the judgment of conviction and order of sentence as stated earlier.