BAISAKHU KISHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted for commission of offence under Section 302 IPC and sentenced to undergo imprisonment for life by the Learned Sessions Judge, Sundergarh in Sessions Trial No. 21 of 1996, has preferred this appeal against the order of conviction and sentence.

(2.) THE prosecution case as revealed from record is that the Appellant poured kerosene oil kept in an earthen pot. The wife -Sabitri Kishan protested, as a result of which the Appellant got enraged, dealt Budia (axe) blow on the head of his wife causing fracture and bleeding injury for which she fell down and lost her senses. She was immediately removed to S. Balang hospital for treatment and after some treatment she was removed to Subdivisonal Hospital, Bonai for better treatment where she succumbed to the injuries on 2.10.1995. The son of the Appellant lodged an F.I.R. at Tikayatpali Police Station on 1.10.1995 and a case under Section 307 IPC was registered against the Appellant. After the death of the deceased -Sabitri, the case turned to one under Section 302 IPC.

(3.) THE plea of the Appellant was complete denial of the prosecution allegation.