GORA PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is a case of uxoricide. The appellant Gora Purty faced trial in the Court of learned Ad hoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 27/20 of 2012 for offences punishable under Ss. 302 and 201 of the Indian Penal Code for committing murder of his wife Menjari Munda (hereafter 'the deceased') on 29.08.2011 at about 6.00 p.m. in village Sitabinj Dankasahi under Ghatagaon police station in the district of Keonjhar and committing disappearance of evidence with the intention of screening himself from legal punishment.

(2.) The prosecution case as per the First Information Report lodged by Budhuram Munda (P.W. 2) on 31.08.2011 before the Inspector in -charge, Ghatagaon Police Station is that the deceased Menjari Munda was his sister and the appellant had married her since last twelve years and they were blessed with three children. The informant received message from his uncle Tura Munda that the appellant after committing murder of the deceased buried her dead body at a little distance from his house. Hearing such news, the informant proceeded to the village of the appellant and asked his niece Nirasa Purty (P.W. 4), the daughter of the deceased about the occurrence who told that on 29.8.2011 at about 6.00 p.m. a quarrel ensued between her father (appellant) and mother (deceased) and the appellant dealt blows by means of a crowbar on the head and other parts of the body of the deceased and buried the dead body in a field nearer to their house. The informant found blood stains in the house. The appellant was found absent from the house and it was found that the dead body had been buried at a little distance away from the house and the soil was covered with leaves and branches. The informant suspected that due to domestic quarrel, the appellant committed murder of the deceased.

(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 Ss. 302 and 201 of the Indian Penal Code on 2.4.2012 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.