RATAN JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Ratan Jani faced trial in the Court of learned Adhoc Additional Sessions Judge, Jeypore in Criminal Trial No. 57 of 2002 for offences punishable under sections 498-A and 302 of the Indian Penal Code for subjecting his wife Sombari Jani (hereafter 'the deceased') to cruelty and committing her murder on 8.2.2000 in village Dhoudapadar under Sadar Police station, Koraput in the district of Koraput.

(2.) The prosecution case, as per the First Information Report lodged by the father of the deceased namely Gopi Jani on 8.2.2001 before the Officer in charge, Sadar Police Station, Koraput is that the deceased was given in marriage with the appellant since five years prior to the date of occurrence and the couple were blessed with two sons, out of which the elder one namely Surendra Jani was aged about four years and the younger one namely Udani Jani was aged about ten months at the time of occurrence. The appellant was residing with his family just two houses apart from the house of the informant.

(3.) After observing due committal formalities, the case of the appellant was committed to the Court of Session for trial where the learned Adhoc Addl. Sessions Judge, Jeypore framed charges against the appellant under sections 498-A and 302 of the Indian Penal Code on 27.02.2003 and since the appellant denied the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and to establish his guilt.