BISWANATH MAJHI ALIAS BISWA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was put on trial under, Secs. 302 and 201 of the Indian Penal Code for allegedly committing murder of his estranged wife Saudamini Majhi and for causing disappearance of evidence of the offence by burying the dead body in a stone quarry. He was found guilty under both the sections, convicted thereunder and sentenced to imprisonment for life on the first count viz., under Sec. 302. I.P.C. and to a further sentence of imprisonment of two years on the second count viz., under Sec. 201 I.P.C. Both the sentences were to run concurrently.

(2.) The prosecution case is very short and simple. The appellant was married to deceased Saudamini Majhi in the year 1991 but it was none too happy. They broke away within two years of the marriage where after the wife started residing with her parents. She instituted a case under Sec. 498A of the Indian Penal Code in the Court of the Sub-divisional Judicial Magistrate, Athagarh, complaining dowry torture, she also filed a proceeding under Sec. 125, Cr. P.C. in the Court of S.D.J.M. Dhenkanal claiming maintenance from the appellant. The case for maintenance was fixed for hearing on 17-12-1994 but at the instance of the Court and well wishers both the husband and wife filed a joint petition for reconciliation and the Court directed them to live together for a month. Thereafter, both the parties left the Court premises at about 3.30 P.M. for matrimonial home at Mahidharpur but at about 9.30 P.M. The appellant lodged oral information at Athagarh Police Station to the effect that on their way home his wife left his company at Radhakishorepur and went away with an unknown young man.

(3.) According to the prosecution, the accused on their way back home throttled the wife to death at an isolated place locally known as TGiringa MundiaT a hillock situated at a distance of 1/2 km. from Mahidharpur and buried her dead body in a stone quarry there. On getting information that the dead body of a female was lying in a stone quarry at Giringa Mundia hillock, the Officer-in-charge, Athagarh Police Station exhumed the dead body on 24-12-1994 at 10 a.m. in the presence of the accused, mother of the victim lady (P.W. 1), Executive Magistrate, Athagarh (P.W. 3), the doctors of Athagarh Sub-divisional Hospital and others. Both the accused and the mother of the victim woman identified the dead body to be that of Saudamini. Postmortem examination over the dead body was done and it was found that the death of the victim woman was homicidal in nature. Suo motu FIR was lodged at Athagarh Police Station and a case was registered. In due course, charge-sheet was submitted against the accused and the accused was put on trial before the Sessions Judge.