DILIP KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has called in question the judgment of conviction and order of sentence dated 27.05.2014 passed by the learned Addl. Sessions Judge, Jajpur in C.T. Case No. 579 of 2013, convicting him for commission of offence under Section 304-I IPC and directing him to undergo imprisonment for a period of ten years with fine of Rs.20,000/- i.d. to undergo rigorous imprisonment for a period of two years.

(2.) Prosecution case is that the appellant had married the deceased about 14 years prior to the incident and they have been blessed with three children. It is stated that after about 8 to 9 years of marriage, the appellant for some reason started ill-treating the deceased and was regularly assaulting her. Fifteen days prior to the incident, the deceased had been assaulted by the appellant and for that reason, she had left her matrimonial home for some time and take shelter in her parent's house. It is the further case of the prosecution that the parents of the deceased had then left her in the house of the appellant by settling the dispute in presence of the village gentries.

(3.) The trial court upon framing the charge, during trial has examined 15 witnesses produced from the side of the prosecution. Besides leading the above oral evidence, the prosecution has also proved the inquest report Ext. 1, FIR, Ext. 2, Post Mortem report Ext. 7, the report of the Chemical Examiner Ext. 12 and other documents such as seizure list, forwarding report etc.