SINA GOCHHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellantTs wife Raibari (hereinafter referred to as the deceasedT) had gone to the residence of her father. While she was there, the appellant went and asked for some money for which there ensued a quarrel between the two. The appellant dealt several cut blows by means of an axe (M.O. 1) as a result of which the neck: portion of the deceased was completely severed from the trunk portion resulting in her death. This was the case presented by the prosecution.

(2.) The appellant stood his trial being charged under section 302 of the Indian Penal Code. His plea was one of denial and false implication. The suggestion of the defence was that P.W. 5. a sister of the deceased, had illicit relationship with a teacher, namely, Trilochan Sahu (P.W. 10) which had been known to the deceased for which P.Ws. 5 and 10 bad assaulted and killed the deceased.

(3.) To bring home the charge, the prosecution had examined twelve witnesses. P.Ws. 2 and 5, the two sisters of the deceased and P.W. 3, the son of the appellant and the deceased, had figured as witnesses to the occurrence. The trial court has accepted their evidence and has taken into consideration the recovery of the axe (M 0. I) from the spot which had been thrown away by the appellant and the recovery of the half-pant (M.O. II) from the person of the appellant which contained human blood of AB group, the deceased having the same group of blood and had held that the charge had been established. The appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.