KAWASI SITA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Abhimanyu Khatei herein has been convicted under sections 498-A and 302 of the Indian Penal Code vide impugned judgment and order dated 19.03.2008 passed by learned Additional Sessions Judge, Bhanjanagar, Ganjam in Sessions Trial No. 26 of 2005 and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand) for committing uxoricide, in default of payment of fine, to undergo rigorous imprisonment for two years under section 302 I.P.C. and further rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (rupees one thousand), in default of payment of fine, to undergo rigorous imprisonment for six months under section 498-A I.P.C.

(2.) One Kartikeswar Dalai (P.W.2-informant) lodged the first information report (Ext. 2) on 01.08.2004 at Belaguntha police outpost alleging therein that he was staying in the house of his aunt Tanu Khatei (hereinafter 'the deceased'), who was married to the appellant three years prior to the date of incident. The appellant used to stay with the deceased at her house. The appellant was working at Surat and at the time of his visit to the village, he was staying with the deceased at her house, as the appellant had no permanent abode. Out of their wedlock, the appellant and the deceased were blessed with a son (Ganesh). The appellant at the time of his visit to the village was subjecting the deceased to torture. The appellant was not contributing a single pie for maintenance of his wife and child. Seven to eight days prior to the incident, which took place on 01.08.2004, the appellant had returned from Surat and stayed with the deceased for about two days and thereafter he went to his sister's place. On 31.07.2004 at about 8.00 p.m., the appellant came to the house of the deceased, when the family members of the deceased including the informant were taking dinner. The appellant sat on the outer verandah of the house for some time and thereafter, he left the place. The informant and the deceased with her minor child slept at one room. At about 1.00 a.m. on 31.07.2008/01.08.2008, the informant woke up hearing the groaning sound of his aunt (deceased) and found that the appellant was dealing repeated blows by means of a 'Thiakodi' (long spade) on the deceased. The appellant also threatened the informant to sleep at the same place or else he would kill him, but the informant out of fear ran towards courtyard with the minor child (Ganesh). The appellant chased the informant, but the informant entered into the house of maternal aunt, who was the neighbour of the deceased. Thereafter, the informant came out to the village road and raised hulla to save the deceased from the assault of appellant. Hearing his yelling, Ramesh Samal, Suri Samal, Prafulla Swain, Solu Swain and others came to the spot, but by then the deceased had breathed her last and was lying in a pool of blood. Looking at the gathering of villagers at the spot, the appellant confined himself in a room at the backyard of the house and bolted the door from inside. He was also threatening that he would kill if anybody tries to catch hold of him. The villagers present there gheraoed the house to prevent the appellant from fleeing away and the informant went to Belaguntha Outpost to lodge information.

(3.) On receipt of the written report, the Sub-Inspector of Police of Belaguntha Outpost namely Balaraju Dora (P.W.12) entered the same as Belaguntha Outpost Station Diary Entry No. 2 dated 01.08.2004. Since the F.I.R. disclosed a cognizable offence, P.W.12 took up investigation after sending the report to I.I.C., Bhanjanagar P.S. for drawing formal F.I.R. and registration of the case. Accordingly, Bhanjanagar P.S. Case No. 106 dated 01.08.2004 was registered under sections 498-A/304-B/302 I.P.C. Upon registration of the F.I.R. at Bhanjanagar P.S., the I.I.C., Bhanjanagar P.S. directed P.W.12 to take up investigation. As the date of incident was within seven years of marriage between the appellant and deceased, P.W.12 requested the I.I.C., Bhanjanagar P.S. to send a requisition to S.D.M., Bhanjanagar for deputation of an Executive Magistrate to remain present during inquest.