PARTI LAKRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) NONE appears for the appellant. The appellant is in jail. The counsel engaged by the State defence panel is not present. Since the jail criminal appeal is pending from the year 1999 and the appellant is detained inside the jail, on consent, Mr. Sanjay Kumar Das, learned advocate of this Court is engaged to argue the jail criminal appeal on behalf of the accusedappellant. After going through the paper books supplied to him, he says that the case is simple and therefore, he is ready to argue. In view of that submission, we take up the jail criminal appeal for hearing. Heard the parties and the judgment is as follows:

(2.) ACCUSED is the daughter-in-law and the deceased is the mother-in-law. Charge against the accused is under Section 302, ipc for committing the murder of her mother-in-law on 12. 11. 1996 and under section 201 IPC for concealing the dead body in the bushy jungle to screen herself. With such charge, learned Sessions Judge, sundargarh took up Sessions Trial No. 82 of 1997 arising out of G. R. Case No. 304 of 1996 of the Court of S. D. J. M. , Bonei.

(3.) CASE of the prosecution is that P. W. 6 temba Lakra and P. W. 2 Muna Lakra are two sons of deceased Budhuni Lakra. Accused is the wife of P. W. 6. On 12. 11. 1996, p. Ws. 2 and 6 had left their house in the evening to witness a Yatra in another village. In that night, the accused having a persisting ill-feeling with the deceased assaulted her by use of a Sila (Grinding stone)M. O. I. and thereafter dragged the dead body into the bushy jungle and concealed it there. On the following day, after they returned, each of P. Ws. 2 and 6 found their mother missing, therefore, they wanted information regarding her whereabouts and accused gave false reply. Nonetheless, P. Ws. 2 and 6 searched for the deceased in and around the village including the adjoining jungle and when they failed in that respect for continuous three days, on the fourth day the villagers came forward to assist them. When they were about to undertake the search, a cow-herd woman informed them about a dead body lying under a tree inside the jungle. P. Ws. 2 and 6 together with other villagers went and found that the dead body was that of their mother. Thereafter, the accused being asked, she confessed before p. Ws. 2 and 6 and the co-villagers P. Ws. l and 7 about the homicidal death caused by her. Accordingly, police was informed and law was set into motion. After a routine investigation, P. W. 14 the O. I. C. submitted the charge sheet.