MADHUSUDAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is filed by the appellant from Jail assailing the judgment of conviction and sentence passed under Section 302 of the Indian Penal Code (hereinafter called as "I.P.C.") by the learned Sessions Judge Koraput at Jeypore in Criminal Trial No.185 of 2003 sentencing him to undergo imprisonment for life for the same offence.

(2.) The factual matrix leading to the case of prosecution is that on 31.12.2002 at about 10.00 AM, the appellant, after tying the hands of his wife, assaulted her mercilessly with fist blows and slaps leading to her death. The brother of the appellant (P.W.3), after seeing the occurrence, informed other villagers. He lodged the FIR consequent upon which the police registered the case and conducted investigation. During investigation, police made inquest over the dead body of the deceased and sent the same for post mortem examination. During course of further investigation, police examined the witnesses, seized blood stain earth and other materials and sent the seized properties to State Forensic Laboratory for chemical examination. After completion of the investigation, police filed charge sheet.

(3.) The plea of the accused-appellant, as revealed from his examination under section 313 of Cr.P.C. and suggestions made to the prosecution witnesses, is squarely denial to the charge and he has been falsely implicated in this case.