SINGRAI BHUMIJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captive appeal is assailed against the judgment of conviction and sentence dated 19.11.2014 passed by the learned 1st Additional Sessions Judge, Rourkela for the offence under Section 304-II of IPC in Sessions Trial No.300/133/160 of 2011-14.

(2.) The factual matrix leading to the case of the prosecution is that the deceased who was the wife of the present appellant has been blessed with three daughters and two sons. It is alleged, inter alia, that on 9.7.2011 at about 11 p.m., the appellant assaulted the deceased by lathi and she succumbed to the injures. In the next morning, father of the deceased lodged the F.I.R. During investigation, the inquest over the dead body was conducted by the police. The post-mortem examination of the dead body was conducted. The witnesses examined, blood-stained clothes of the deceased and the appellant were seized. Weapon of offence was seized on being produced by the appellant. After completion of investigation, charge sheet was submitted under Section 302 of IPC.

(3.) The learned trial Court after analyzing the evidence of prosecution witnesses recorded an order of conviction under Section 304-II of IPC and sentenced him thereunder. The plea of defence as per statement recorded under Section 313, Cr.P.C. and suggestion made to P.Ws. is squarely denial to the charge and he pleads innocence.