ADMA SODI Vs. STATE

JUDGEMENT

(1.) Aggrieved by his conviction under Sections 302 and 201 of I.P.C. and sentence of imprisonment for life with fine of Rs. 1000/- (Rupees One Thousand only), and in default in payment of fine to undergo six months further R.I. implanted by Additional Sessions Judge, Malkangiri vide impugned judgment and order dated 28.06.2006 recorded in Criminal Trial No. 2/2004 (State of Orissa v. Adma Sodi) , that the present appellant-accused Adma Sodi has filed instant appeal under Section 374 of the Criminal Procedure Code. Learned Trial Judge while convicting and sentencing the appellant has conferred the benefit of set of as well on the appellant.

(2.) Without aggrandizing the facts and slating it lconically, it appears that one Anda Sodi of village Kenduguda, P.O.-Padmagiri under Malkangiri Police Station, Dist-Malkangiri had two sons, Adma Sodi, the present appellant, and Ganga Sodi, real sibling brother of the appellant. Adma Sodi was married to Laxmi Sodi, the deceased

(3.) On the ill-fated date 31.08.2003 at 10:00 AM Laxmi Sodi (deceased) along with Anda Sodi had gone to her cultivable agricultural filed and she returned therefrom and found the appellant to be present at her house. At 4:00 PM appellant asked as to why she (deceased) has not milled the paddy to extract the rice on which, it is alleged, that the deceased wife retorted asking the appellant as to why he being a male member not mill the paddy. A triadic altercation ensued between the spouses over the issue during course of which the appellant is alleged to have assaulted the deceased on the right Side neck by a wooden plank and thereafter throttled her to death. Carrying the dead body, for concealing the crime committed by him, that the appellant had plunged the cadaver of the deceased in a water tank. This incident was reported by Ganga Sodi to PW-7 village Chieftain-Baja Buti PW-7 enquired from the appellant on which, the appellant is alleged to have made a confessional statement before PW-7 regarding throttling of his wife and submerging her cadaver into the water tank/pond. A village meeting was convened The appellant confessed his guilt in it as well Thereafter written FIR was made by PW -7 at Police Station, Malkangiri on 02.09.2003 at 7:00 PM vide. Ext. 3.