SARAT JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Sarat Jena faced trial in the Court of learned Adhoc Additional Sessions Judge, Fast Track Court, Jajpur in C.T. (Sessions) Case No.117 of 2011 /31 of 2011 for offences punishable under sections 302/201 of the Indian Penal Code on the accusation that on 25.04.2010 he committed uxoricide by killing his wife Gunthi Mallik @ Jena (hereafter 'the deceased') at Mandapara cashew nut field under Korei police station in the district of Jajpur and caused disappearance of evidence with the intention of screening himself from legal punishment.

(2.) On 25.04.2010 P.W.4 Sanatan Patra lodged the first information report before the officer in charge of Korei police station indicating therein that on that day at about 9.00 a.m., P.W.15 Jaiga Patra of village Mandapara informed him that his brother Pitambar Patra had seen the dead body of a lady lying in a bleeding condition inside the Mandapara cashew nut field. After getting such information, P.W.4 went to the spot and found an unidentified dead body of a female was lying there. He also found blood stains at a little distance from the dead body and there was mark of violence at the spot. The informant marked bleeding injuries on the neck of the dead body and he suspected that somebody after committing murder had thrown the dead body and fled away.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 302/201 of the Indian Penal Code on 29.06.2011 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.