PODU SISA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Podu Sisa faced trial in the Court of learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 13 of 2008 for commission of offence punishable under section 302 of the Indian Penal Code on the accusation of committing murder of his wife Phulamati Sisa (hereafter 'the deceased') on 15.09.2007 in between 9 p.m. to 10 p.m. at village Charapi.

(2.) The prosecution case, as per the first information report submitted by P.W.1 Balaram Bhoi is that the deceased married to the appellant about fifteen years prior to the date of occurrence and on 15.09.2007 the father-in-law of the deceased had come to the village of the informant after collecting his old age pension and sometimes thereafter he went to his own village. It is further stated that during the night on that day in between 9.00 p.m. to 10.00 p.m., there was quarrel between the appellant and the deceased for which the appellant assaulted the deceased by means of slaps, kicks and fist blows and also pressed the neck of the deceased as a result of which she died. It is further mentioned in the F.I.R. that there were injury marks on the left side neck of the deceased so also on the left side elbow and all the incident details were stated to the informant by P.W.4 Subasini Sisa.

(3.) On the basis the first information report lodged by P.W.1 before Inspector in charge of Nandapur Police Station, Nandapur P.S. Case No.79 of 2007 was registered under section 302 of the Indian Penal Code on 16.09.2007. P.W.6 Suleman Ekka, Inspector in charge of Nandapur Police Station took up investigation of the case. He examined the informant and proceeded to the spot and held inquest over the dead body vide inquest report (Ext.2), sent the dead body for post mortem examination, arrested the appellant and sent him to the doctor for collecting his nail clippings. He also seized the saree, saya, blouse, lenguti, a pair of ear rings, nose rings, necklace and bangles of the deceased and prepared a seizure list (Ext.3) and the wearing apparels of the appellant were seized under seizure list (Ext.6). He prepared the spot map and sent the exhibits to the R.F.S.L., Berhampur for chemical analysis and after completion of investigation, on 16.11.2007 he submitted charge sheet under section 302 of the Indian Penal Code against the appellant.