TIRA @ SRIKANTA TAREI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument and the judgment is as follows:

(2.) ADMITTEDLY , accused Tira @ Srikanta Tarei is the husband of Kuni Tarei (hereinafter referred to as the 'deceased'), who suffered death on 15.10.2002. Admittedly, accused No. 2 Mili @ Nunibala Tarei and accused No. 3 Dukhiram Tarei are the parents -in -law of the deceased. Admittedly, deceased died on 15.10.2002 due to asphyxia. Admittedly, P.W.1 Nakula Kumar Ojha and P.W.7 Pramila Ojha are respectively father and mother of the deceased.

(3.) IN course of the trial, prosecution examined altogether eight witnesses and among them (excluding P.Ws.1,7, 5 and 8), P.W.2, Bipin Ojha was examined to prove about the relationship between deceased and the Appellant and about the village punch conducted for the ill -treatment by the Appellant. He was also a witness to the inquest. P.W.3, Nalini Kumar Dash was examined as a witness to prove the ill treatment and cruelty on the deceased but he declined to support the prosecution and because of that after declaring him a hostile witness, prosecution was permitted to put leading questions. P.W.4, Kati Tarei is the front door neighbour of the Appellant. He stated that he witnessed the quarrel and the tussle between the accused and the deceased in the morning on the date of occurrence. He was also witnessed to the inquest as well as the seizure list. P.W.6, Rajat Kumar Satapathy was examined as witness to prove about the previous case under Section 376, I.P.C. having been booked against the Appellant and that case being disposed of on compromise and that witness having taken initiative in that respect. He was also examined to prove about the conduct of the Appellant in beating his wife so also about the village punch about seven days before the date of occurrence.