JOGESWAR GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 03.02.2004 passed by the Addl. Sessions Judge, Rairangpur, Mayurbhanj, in C.T. 16/03 (S.T. No. 66/2003), holding the accused -Appellant guilty of offence under Section 302 IPC and convicting him thereunder.

(2.) THE case of the prosecution, in brief, is that, the accused Jogeswar Giri had married the deceased Sarathi Giri about 20 years back and was blessed with some children. About 6 years prior to the occurrence, the accused married Kurubali Giri (lady accused) and after that there used to be frequent quarrel between the accused Jogeswar Giri and the deceased and the accused used to assault her. On 17.05.2002 at about 11 A.M., the informant Biseswar Giri, who is the brother of the deceased, got information through Manoranjan Giri (P.W.5) that the deceased had died in the house of the accused persons in the night of 16.5.2002. He suspected that both the accused persons might have killed the deceased and lodged written report at Gorumahisahi Police Station, which was registered as an F.I.R. and investigation was undertaken. During investigation, it revealed that both the accused persons were ill treating the deceased Sarathi Giri and ultimately in the night of 16.5.2002, they killed her by throttling. Accordingly charge sheet was filed against the accused persons for offences under Sections 498A/302/34 IPC.

(3.) TO substantiate the charge, the prosecution examined 11 witnesses. P.W.1 is the elder brother of accused Jogeswar Giri. P.Ws.2 and 3 are co -villagers of the accused. P.W.4 is the informant. P.Ws.5 and 6 are witnesses to whom the accused Jogeswar Giri had reported the death of Sarathi Giri, while returning from the hospital. P.W.7 is the doctor who had conducted the post -mortem examination of the dead body. P.W.8 is the doctor of Gorumahisahi P.H.C., to whom the deceased had been taken in the early hours of 17.05.2002 for treatment. P.W.9 is the Constable and P. Ws.10 and 11 are the Investigating Officers.