BIKRAM MAHALI Vs. STATE

JUDGEMENT

(1.) HEARD further and the judgment is as follows:

(2.) THE appellant challenges the order of conviction and sentence imposed against him by the Sessions Judge, Mayurbhanj in S.T. Case No. 55 of 1995.

(3.) ACCORDING to the case of the prosecution, the accused is the husband and Hira Mahali (hereinafter referred as 'deceased') is his wife. After leading a happy conjugal life for long period with the accused, the deceased expressed her desire to stay with her sister's husband because he was more attractive. On the date of occurrence, when the deceased and the accused were returning home from the market, the deceased also expressed similar desire. They joined Ram Mahali, Raghunath Mahali and their wives and took Handia, Thereafter, they resorted to Keshapada route to reach their village Balma, whereas the others proceeded on the other route and reached the same village. The accused came and reported to his mother and brother -Jeda @ Jagannath Mahali (P.W.2) that his wife died by consuming poison and therefore the mother should not prepare fish curry. He also called the villagers and narrated the story of death of his wife by taking poison. Thereafter, the accused along with the villagers went and reported the matter before the police station. On the basis of such information, inquest was held and an empty bottle was found near the dead body. In course of post -mortem examination however, it was found that she died due to homicidal strangulation and not because of taking poison. Under such circumstances, a case was registered under Section 302 IPC. On completion of investigation, charge sheet was submitted against the accused under the aforesaid offences. In the trial appellant took the plea of complete denial to the allegation of commission of murder by him.