STATE OF ORISSA Vs. GHASIRAM NAIK

JUDGEMENT

(1.) HEARD . The judgment is as follows: The order of acquittal of accused -Respondent Ghasiram Naik recorded by the Learned Sessions Judge, Sundargarh on 5.10.1994 in Sessions Trial No. 57 of 1994 is under challenge.

(2.) ACCUSED -Respondent was prosecuted under Section 302, Indian Penal Code on the allegations that on 9.10.1993 in the morning hours he inflicted axe blows on his wife namely Jayakumari (hereinafter referred to as "the deceased") by means of the axe M.O.I. Father of the deceased came upon the spot and took the deceased to the hospital where she was declared dead. Dhruba Tajan, P.W. 2 was the master (employer) of the accused. The latter was working under him (P.W. 2) on daily wage basis, so also the deceased. The occurrence took place on the backyard of the house of P.W. 2.

(3.) AS per the narration of events by the prosecution, one Dhruba Patel, a friend of P.W. 2 came to the front Pinda (verandah) of the house of P.W. 2, where the latter was sitting, and requested to lend his bullock -cart. P.W. 2 thus asked the accused to make ready the bullock -cart to be delivered to Dhruba Patel. Then the deceased was with the accused. Accused went to the backyard of the house to carry out the order of P.W. 2. The deceased also went with him. Sometimes after hearing a commotion, P.W. 2 went to we backyard of his house and found that the accused was carrying some water to be administered to his injured wife who was lying there with profuse bleeding injuries on neck and back. On reaching the spot, P.W. 2 and Ors. found that the deceased was dead. On being asked by P.W. 2 accused, who was then in possession of the blood stained axe M.O.I, stated that out of annoyance be inflicted the injuries to his wife (the deceased) because the latter declared to get him (accused) killed after refusing to go to the nearby forest to collect fuel wood. In the hospital, as noted above the deceased was declared dead. P.W. 2 lodged the written report Ext. 1. P.W. 10, the police officer took up the investigation. In course of the investigation, inter alia, he visited the spot, seized the weapon of offence and the other incriminating materials under seizure lists Exts.2, 3 and 5, held inquest over the dead body and forwarded the dead body for post -mortem examination and also forwarded the incriminating materials like the wearing apparels of the accused and the deceased, weapon of offence and the blood stained sample earth, etc., to of Regional Forensic science a oratory at Sambalpur and on completion investigation submitted charge sheet.