TABATIA MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal from jail against the order of conviction passed under section 302, I.P.C. and a sentence of life imprisonment passed by the learned Additional Sessions Judge, Parlakhemundi.

(2.) The prosecution case is that on 21-7-199 1 at about 3 p.m. appellant Tabatia Mallick and Tarini Naik assaulted Buga Paik (hereinafter referred to as the deceased) and due to which the deceased sustained injuries on his head and became senseless. His wife reported the matter to the informant (P.W. 1), who after coming to the spot of occurrence lodged the First Information Report in Mahana Police Station at 9 p.m. The case was investigated and on finding that a primafacie case was make out, a charge sheet under section 302, I.P.C. was filed against accused Tabatia and accused Tarini Naik was charge-sheeted under Section 323, I.P.C.

(3.) The defence plea as revealed from the record is that P.W. 3 Gelli, the wife of the deceased killed her husband as he had seen her indulging in an illicit intercourse with P.W.I.