MUGURI KULUSIKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Muguri Kulusika was charged under section 302 of Indian Penal Code by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 241 of 2003 for committing uxoricide i.e. murder of his wife Anadin Kulusika (hereafter 'the deceased') on 10.01.2003 in between 9 p.m. to 10 p.m. at Biriamba Jholla on the G.P. road in between Marichaguda and Laresh village.

(2.) The prosecution case, as per the oral first information report given by Prabhudan Khosla (P.W.2) at Dasamantpur Police Station on 11.01.2003 is that the informant was working as a Gramarakshi and on 10.01.2003 he had come to his duty at about 4.00 p.m. and remained in the Police Station in the night. On 11.01.2003 at about 7.00 a.m. while the informant along with another Gramarakshi namely Alban Khosla (P.W.3) were proceeding towards river to attend the call of nature, on the way near Durgamandap of village Dasmantpur, the appellant approached them and told that on the previous day at about 9.00 p.m. while he was returning to the village from Dasmantpur weekly market with his wife (deceased), near Bariamba Jholla in between Marichaguda and Laresh village, a quarrel ensued between them and he threw the deceased on the ground holding the tuft of her hair and strangulated her and kicked her for which she expired. The appellant further told that the cadaver of the deceased was lying at the spot and out of fear being killed by the relations of the deceased, he had not gone to his village and came to village Dasmantapur. The other Gramarakshi namely Alban Khosla who was accompanying the informant also heard about such confession of the appellant.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under section 302 of Indian Penal Code on 18.11.2003 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.