MARDA HO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an unfortunate case of a husband killing his wife. For his conviction under section 302 of the Indian Penal Code (for short, the CodeT J, the appellant has been sentenced to undergo imprisonment for life. He also stands convicted under section 201 of the Code and sentenced there under to undergo imprisonment for a period of three years with a direction that the sentence would run concurrently.

(2.) The appellant is alleged to have killed his wife (hereinafter described as the deceased) on his way back from a weekly market where he had gone with her and in order to screen himself from legal punishment by causing evidence of commission of the offence of murder to disappear, buried the dead body of the deceased. Of the witnesses examined by the prosecution to substantiate the charges under sections 302 and 201 of the Code, the evidence of P.Ws. 1 and 2 who have spoken about an extra judicial confession made by the appellant and that of his son (P W. 3) who has spoken about the appellant leaving for the market with the deceased is important. On a consideration of the evidence, the learned trial Judge has accepted the case of the prosecution and has held both the charges to have been established.

(3.) Upon hearing the learned counsels for both the sides, we see no reason to take a view different from the one taken by the trial court for the reasons to follow.