GOPAL SAGAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The convict namely, Gopal Sagar in Criminal Trial No. 123 of 2003 (arising out of G.R. Case No. 228 of 2002 of the Court of learned J.M.F.C., Laxmipur, corresponding to Laxmipur P.S. Case No. 57 of 2002), has filed this appeal assailing the judgment and order of conviction and sentence dated 9th September, 2004 passed in the aforesaid criminal trial, wherein, the appellant has been convicted under Sections 302/498-A/309 I.P.C. and has been sentenced to undergo imprisonment for life. In view of imposition of sentence of imprisonment for life passed under Section 302 I.P.C., no separate sentence has been imposed for commission of offence under Sections 498-A/309 I.P.C.

(2.) The short matrix of incident narrated in the FIR is that upon receiving information about the death of Soha Sagar (the deceased), the wife of the appellant, the informant, namely, Darsan Takri, PW-1, who was the Gramarakhi of the village, went to the house of the appellant and found the body of the deceased lying in a pool of blood. It was stated in the F.I.R. that previously the appellant suspecting the character of the deceased (his wife) was frequently assaulting her, due to which the deceased had been staying with her brother at Narayanpatna for 1 and ? months prior to the incident. On the request of the appellant, the deceased had returned to the matrimonial home prior to five days of the incident. On the date of the incident, the appellant, deceased and their children were sleeping after taking dinner. At about 00 A.M., the appellant gave two blows on the head of the deceased by means of a wooden pidha causing severe bleeding injury and due to the injury sustained, the deceased succumbed to death. After the incident, the appellant out of fear had rushed to the nearby railway track to commit suicide, but subsequently came back to his house and slit his neck by means of a blade with intention to commit suicide. Thereafter, the appellant went to the house of his elder brother, namely, Sarathi Sagaria and narrated the incident to his elder brother and sister-in-law (wife of elder brother) (PW-3).

(3.) The FIR (Ext.1) was scribed by one Suryanarayan Pattnaik on the instruction of the informant and being read over and explained to him by the scribe, the informant put his signature on the FIR. Since the allegation disclosed cognizable offence under Sections 302/309 I.P.C., the O.I.C., Laxmipur Police Station registered the same as Laxmipur P.S.Case No.57 dated 11.11.2002 and took up investigation. On completion of the investigation, charge-sheet under Sections 302/498-A/309 I.P.C. was filed.