SUNADHAR KHILLA Vs. SATAE OF ORISSA

JUDGEMENT

(1.) THE above reference has been made by the learned Additional sessions Judge, Malkangiri for confirmation of sentence of death passed in Criminal Trial no. 34 of 2003 and the Criminal Appeal has been filed by the appellant challenging the order of conviction under Section 302 of the indian Penal Code and sentence of death imposed by the Trial Court.

(2.) THE case of the prosecution as revealed from the F. I. R. is that on 22. 8. 2002, which was Rakhi Purnima Day, there was an altercation between the deceased and the appellant. It is further alleged that the appellant being in a drunken state asked the deceased to cook food but the deceased, who was also drunk was not feeling well and requested her husband, the appellant, to cook food. On this issue, there was an altercation and the deceased went to sleep. The appellant being enraged by the conduct of the deceased, assaulted her by means of kick and fist blows to her belly and chest, as a result of which, she vomited blood and died. On these allegations, investigation was taken up and charge-sheet was submitted for commission of offence under Section 302 of the Indian Penal Code.

(3.) THE prosecution examined ten witnesses to bring home the charge and the appellant himself was examined under Section 315 Cr. P. C. On the basis of the materials placed before the Court, the Trial Court convicted the appellant for commission of offence under Section 302 of the Indian Penal Code and sentenced him to death.