AIBAN DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has preferred the present appeal challenging the judgmnet dated 14.5.2007 pronounced by the learned Sessions Judge, Keonjhar in Sessions Trial No.189 of 2006 convicting him under Section 304-Part-1 IPC. He has also challenged the sentence imposed on him whereby he has been directed to undergo R.I. for 10 years and to pay a fine of Rs.1,000/-, in default to undergo further R.I. for one month.

(2.) The allegation against the appellant is that on 2.9.2006 at 9.00 A.M., he intentionally committed murder of his sister-in-law-Hara Dehury. While the appellant is the eldest brother in the family, P.W.1 is the youngest brother in the family. The deceased Hara Dehury is the wife of the middle brother, namely, Tika. All the three brothers were staying together. The incident occurred on 2.9.2006. One day prior to the occurrence, the appellant took food at the house and started quarrelling with the deceased. On the date of occurrence, the appellant refused to take food and started quarrelling. He asked the deceased to trace out her husband, who had left the house to work in a mines. In such background, the deceased left the house with a promise to search her husband. While she was going away, the appellant followed her with a tangia and assaulted her. Due to such assault, she fell down with bleeding injuries and expired. This incident was reported to the police and in due course after completion of investigation, charge sheet was submitted against the appellant. Accordingly, the appellant was put to trial.

(3.) The plea of the appellant was of complete denial. Prosecution in order to bring home the charges examined as many as six witnesses and exhibited 17 documents.