BRUSHAVA BARIHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Sessions Judge, Bhawanipalna, convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life for having caused the death of his wife Debaki (referred to as the deceased).

(2.) The facts in short are that on 30.3.81 the appellant and the deceased went to their land in the forest to collect mabua flowers. Their two sons P.W. 1 Bhakta and P.W.2 Nidhi also came to the forest and were tending cattle at a little distance. At about midday P. Ws. 1 & 2 heard the distressed cries of their mother Marigali Marigali. I hey turned at the direction and saw that the appellant was assaulting the deceased with the blunt side of a Tangia (M.O 1). They ran to the place of assault and attempted to intervene, but the appellant threatened them and so they left the place out of fear. They came to the village and reported the incident to their Uncle (P.W.3) and their elder sister (P.W.4), as well as others. When P. Ws. 3, 4 and some villagers came to the place of assault, they saw that the deceased was lying dead under a Kusum tree with injuries on her body which had been covered by her own saree. In the evening of the same day P.W. lodged F.I.R. (Ext. 1) at Madanpur Rampur Police Station, where after, investigation commenced and ultimately charge-sheet was submitted against - the appellant for having committed the offence of murder of his wife under sec. 302, I.P.C.

(3.) The appellant denied the charge framed against him and pleaded that a false case had been started against him.