STATE OF ORISSA Vs. NIRUPAMA PANDA

JUDGEMENT

(1.) This appeal is directed against the judgement passed by the learned Additional Sessions Judge, Cuttack, acquitting the respondent of a charge under S.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 villalge 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 Mangalabag Police. Station which was treated as formal F.I.R. (Ext. 14) and the same was forward 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 S.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 submittal 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 S.302, I.P.C.

(3.) During trial, the respondent denied that she had borrowed Rs. 600/- from the deceased or his father by pledging a gold mohar and a pair of gold earrings which were suspected to be not of gold. She did not send words to the deceased to come to her house for repayment of the loan. On the other hand, the deceased trespassed into her bed-room and attempted to commit rape on her at the point of a knife and when she resisted there was a tussle between them. During the tussle, the knife hit the deceased injuring him.