PRAVAKAR BHOI @ MILLAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captive appeal is assailed against the judgment of conviction and sentence dated 27.06.2005 passed by the learned Addl. Sessions Judge, Angul under which the appellant has been sentenced to undergo R.I. for life. Facts:

(2.) The factual matrix leading to the case of the prosecution is that one Jasoda is the sister of Pandab Nahak and deceased Panchu Nahak. Jasoda has married the accused Pravakar Bhoi @ Miljan. It is alleged, inter alia, that after the marriage the accused used to pick up quarrel with his wife Jasoda and assault her. On 06.03.2003 while accused was quarrelling with his wife Jasoda, deceased Panchu Nahak intervened and asked the accused not to assault her. Then the accused being enraged assaulted on the neck of deceased by means of a Katari causeing bleeding injuries to the deceased and finally he succumbed to the injuries. The informant, who is the brother of the deceased, submitted written F.I.R. before the Police. After registering the case Police took up investigation. After due investigation charge sheet was submitted against the appellant-accused.

(3.) The plea of the appellant-convict as appearing from the cross-examination made to the P.Ws. and the statement recorded under Section 313 Cr. P.C., 1973 that he is innocent and while the deceased tried to assault the convict by Katari, same hit the deceased on his neck causing death.