STATE OF ORISSA Vs. NIRUPAMA PANDA

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Additional Sessions Judge, Cuttack, acquitting the respondent of a charge under Section 302, I.P.C. for having committed the murder of Basanta Kumar Das (referred to as the 'deceased') at 3.30 p.m. on 13 -5 -1979.

(2.) PROSECUTION case is that respondent was a young widow living in the house of Bansidhar Das of village Patepur as his mistress. On 13 -5 -1979 at about 3.30 p.m. she called the deceased to the house of her master for repayment of loan of Rs. 600/ - which she had incurred earlier by pledging a gold mohar and a pair of gold earrings. When the deceased went inside the house she stabbed him on the chest by a knife resulting in a severe bleeding injury. The deceased came out of the house to the village lane with blood oozing out of the stab wound and related the incident to several persons including some witnesses. He was removed for treatment to the S.C.B. Medical College and Hospital, Cuttack, where he expired in the night. Intimation of the unnatural death was sent from the hospital to the Mangalahag Police Station which was treated as formal F.I.R. (Ext. 1) and the same was forwarded to Salipur Police Station. On 14 -5 -1979 in the morning the respondent herself lodged F.I.R. (Ext. 14) at Salipur Police Station stating therein that the deceased entered inside her bed -room and committed rape on her. When he was leaving the place after commission of the rape she shouted. The deceased forcibly caught her neck and attempted to throttle her. Therefore, she picked up a knife and in order to save herself assaulted him by means of the knife resulting in bleeding injury. On the basis of the F.I.R. (Ext. 14) G.R. Case 1416 of 1979 under Section 376, I.P.C. was registered. During investigation, autopsy of the dead body of the deceased was performed and the respondent was examined by a Medical Officer. While final report was submitted in G.R. Case No. 1416 of 1979 based on Ext. 14, charge -sheet was submitted against the respondent for having committed an offence under Section 302, I.P.C.

(3.) THE learned Additional Sessions Judge on examination of the prosecution evidence held that the deceased attempted to commit rape on the respondent and so in order to save her honour the latter stabbed the former by means of a knife which ultimately resulted in his death. As the murder was committed in exercise of right of private defence, the respondent could not be convicted under Section 302, I.P.C. and so she was acquitted of the charge.