SAMBARU SABAR Vs. STATE

JUDGEMENT

(1.) The appellant Sambaru Sabar in this appeal assails the order of conviction and sentence dated 26-7-1994 passed by the learned Addl. Sessions Judge, Parlakhemundi in Sessions Trial Case No. 8/94 i.e. Sessions Trial Case No. 150/94 GDC convicting him under Section 325, I.P.C. and sentencing him thereunder to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in brief, is that on 25-1-1994 the appellant and his wife returned to their house from Garabandha market at 3.00 p.m. after making some purchase. In that night at about 10.00 p.m. they quarrelled with each other. At about mid-night Mangada Sabar (P.W. 2) came to Lachhumuda Sabar (P.W. 1), the father-in-law of the appellant and informed him that the appellant assaulted Raibari to death by means of a lathi. Hearing about the incident from P.W. 2, the informant (P.W. 1) along with P.W. 2, the informant (P.W. 1) along with P.W. 2 and his son Rama Sabar, son's wife Champa, sister Gurubari, sister's husband Sanku Sabar and some other villages went to the house of the appellant and found the deceased lying dead in the kitchen. Blood was oozing out from her ear, nose and mouth. The appellant was found in a drunkenstate. When asked by the informant (P.W. 1), the appellant told him that as the deceased refused to give him money to purchase liquor, he assaulted her and pushed her for which she fell down on a stone and sustained bleeding injuries whereafter dragging her into the kitchen he killed her by trampling over her neck. On the next day P.W. 1 orally reported about the occurrence in the Police Station which was reduced into writing and a case was registered. In course of investigation, police arrested the appellant and finally charge-sheet was submitted against the appellant for an offence under Section 302, I.P.C. The case ultimately came to the Court of the learned Addl. Sessions Judge, Parlakhemundi for trial where the appellant stood charged under Section 302, I.P.C. for committing murder of his wife Raibari to which the appellant pleaded not guilty and claimed to be tried.

(3.) The case of the appellant was a complete denial of the allegations levelled against him. According to him, his wife who was drunk fell down on a stone and died.