PRATAP ALIAS ALOK KUMAR BARIK Vs. STATE

JUDGEMENT

(1.) -THE appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life in s. T. No. 31 of 1999 by the learned Sessions judge, Khurda at Bhubaneswar has preferred this appeal challenging the order of conviction and sentence.

(2.) CASE of the prosecution is that the appellant is the husband of deceased Rama. Marriage between the appellant and the deceased was solemnized in the year 1993 and they had a male child namely satyabrata. Allegation of the prosecution is that the appellant was addicted to narcotic drugs and ran into debt, as a result of which he had strained relationship with his wife. In the night of 23-24 of April, 1998 the appellant went to bed with the deceased and child in their living room situated in the ground floor. At about 4 p. m. in the morning the appellant woke up his father (PW1)who was sleeping, informed him that he killed his wife and left for the police station with his minor son. P W1, the father, PW2 the brother, and PW3 sister-in-law of the appellant went to the room of the appellant and found the deceased lying on the floor. Thereafter the deceased was shifted to municipal Hospital, Bhubaneswar, where she was declared dead. The appellant arrived at Lingaraj Police Station at about 6. 10 a. m. and admitted to have throttled his wife to death and on receipt of such information, the same was entered into the Station Diary and subsequently a formal F. I. R. was drawn up and investigation was undertaken. On completion of investigation, charge-sheet was submitted for commission of offence under Section 302 I. P. C.

(3.) THE plea of the appellant is complete denial of the prosecution allegation and it was specific case of the appellant that the deceased committed suicide.