BANUA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) APPELLANT is the accused in S.T. No. 16 of 1998 of the Court of Sessions Judge, Kandhamal -Boudh at Phulbani. As per the impugned judgment dated 08.12.1998 Learned Sessions Judge found the Appellant guilty of the offence under Section 302, I.P.C. and sentenced him to imprisonment for life.

(3.) IT is the admitted case of both the parties that Manmati, the deceased and the Appellant are wife and husband respectively and their marriage took place about fifteen years before the date of occurrence, i.e., 20.08.1997. According to the prosecution, in the occurrence night a quarrel ensued between the accused and the deceased, and out of annoyance accused dealt a blow to the deceased by a half -burnt wood picking it from the fire place. Because of that blow, deceased sustained bleeding injury on her head by the side of right ear and succumbed to that injury. The Father -In -Law of the Appellant together with his co -son -in -law set the law into motion by informing at Belghar Police Station about the occurrence. A routine investigation was undertaken by the police and ultimately charge -sheet was submitted. In the Court of Sessions accused denied to the charge under Section 302, I.P.C. and claimed for trial.