SININGA HANSDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment dated 05.11.2003 passed by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial No. 179 of 2002 (Arising out of G.R. Case No.333 of 2001 corresponding to Udala P.S. Case No.122 of 2001) in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 20.11.2001 Dasarathi Hansda reported before the police that his cousin brother Sadha Hansada had committed suicide by hanging. He stated that on the same day at 3 P.M. while he was returning by observing Science fair, on the way, his cousin brother Musuram Hansda told him that his younger brother Sadha Hansada had already committed suicide by means of a rope. The informant came to the spot and found Sadha Hansda to be dead by hanging himself with a rope. Accordingly U.D. Case No.24 of 2001 was registered and A.S.I. took up the inquiry. He examined the informant, visited the spot and conducted inquest over the dead body. He also seized axe, fire wood, Barshi, Knife, two pieces of rope at the spot and nearby place. He sent the dead body for P.M. examination. The O.I.C received the P.M. report and filed plain paper F.I.R treating the case to be a murder case. He also examined some persons under Section 161 Cr.P.C. and all of them stated about the quarrel between the appellant and the deceased and the deceased was beaten by the appellant. The O.I.C, Sarbeswar Pattnaik, P.W.15 seized one cot made with rope stained with blood. He also seized one stick and a spade. The cot was given in zima and the appellant, who is the wife of the deceased and was subsequently arrested. He also made certain queries from the doctor and basing upon the opinion of the doctor and on completion of inquiry, he filed the charge-sheet against the appellant under Section 302 and 325 IPC.

(3.) The plea of the defence was one of complete denial to the occurrence and she stated that the deceased committed suicide by hanging.