ACHUTA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 18.07.2000 passed by the learned Sessions Judge, Sambalpur in Sessions Trial Case No. 91 of 1998 in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo Imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo R.I. for one month.

(2.) The prosecution case, in brief is that the appellant was desirous of marrying the deceased. He has expressed such fact before many persons including P.W.1 and P.W.2, to whom he had also expressed the fact that the deceased should marry him or else he would abduct and kill her. However, the marriage of the deceased was fixed with someone else. The appellant having coming to know about such fact, on 06.11.1997 at about 11 A.M. to 12 Noon, when the parents of the deceased were absent, he suddenly entered inside the house of the deceased. At that time the deceased was grinding the rice in a grinding stone. The appellant caught hold of her and forcibly poured the liquid substance contained in the bottle inside the mouth of the deceased. At the time of occurrence, Kanhai intervened, but the accused gave him a push. Souri Majhi, P.W.3, who is the granddaughter of Kanhai is also the witness to the occurrence. She laid the deceased on the bed and gave lemon water and tamarind water to the deceased in order to have vomiting and sent her brother Prasanta to call the parents of the deceased. When the parents of the deceased rushed to the house, P.W.3 disclosed the entire occurrence. The parents of the deceased found their daughter lying in a subconscious state and not able to speak freely. They took her to the hospital, where she was declared dead. Father of the deceased lodged the F.I.R. at the Police Station scribed by P.W.2. The same was registered and the I.O. took up investigation. The Investigating Officer conducted inquest over the dead body and sent the dead body for post-mortem examination. He visited the spot and searched the house of the appellant on the next day of occurrence, but the appellant was not available. The wearing apparels of the deceased and the empty bottle emitting pungent smell of pesticide also seized. During the post-mortem examination, the Medical Officer had collected viscera of the deceased, which was also sent by the I.O. along with the seized empty bottle as well as the frock put on by the deceased for Chemical examination. The appellant surrendered at Rairakhol Police Station on 13.11.1997 and taken to custody. After completion of investigation, charge-sheet was submitted finding sufficient evidence against the appellant to have committed offence under Sections 302 I.P.C.

(3.) The appellant's defence plea was one of complete denial and according to him the appellant and the deceased were in love with each other, but when her desire could not be materialized, she committed suicide taking poison and examined one witness.