HIMANSU BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.08.1997 passed by the Sessions Judge, Dhenkanal, in S.T. Case No. 10 -D of 1995, holding the accused guilty under Section 302 IPC and convicting him thereunder.

(2.) The case of the prosecution, in brief, is that the accused Himansu Barik was running a hair dressing saloon at Kamakshyanagar, which is situated at a distance of 15 K. Ms. from his village Muktaposhi. While staying at Kamakshayanagar, the accused Himansu got emotionally involved with the deceased Afula, a girl of Chasa caste, to whom he got married. After their marriage, the accused took his wife Afula to his house at Muktaposhi and both of them lived in the house of the accused. The marriage of the accused Himansu with Afula took place about 6 to 7 months prior to the date of incident. On 18.5.1995 accused Himansu had been to village Nuahata to attend the marriage ceremony of his friend and on 19.05.1994 he returned to his house at Muktaposhi and in the night, after taking his food served by his wife Afula, he and deceased Afula slept in the room. On 20.5.1994, the accused Himansu went to Kamakshayanagar P.S. at about 7 A.M. in the morning and submitted a written report to the effect that he slept after taking his night food served by his wife Afula, outside the room and his wife slept inside the room and in the night at about 4 A.M., he got up and went inside the room and when he tried to wake his wife Afula, he found her lying dead.

(3.) ON receiving such report, the OIC, Kamakshyanagar P.S. registered the same as U.D. Case No. 6/94 and directed the S.I. of Kamakshyanagar P.S. to take up enquiry. The S.I. during enquiry examined the accused Himansu, visited the spot, which is the bed room of the accused and found during enquiry that the death of Afula, wife of accused Himansu, took place only within one year of their marriage. Inquest over the dead body was conducted in the presence of the Executive Magistrate and the dead body was despatched for post mortem examination to Kamakshayanagar Hospital. Post mortem examination over the dead body of the deceased Afula was conducted by two doctors of Kamakshayanagar S.D. Hospital and after receipt of the post mortem examination report, which revealed that the death of deceased Afula was due to asphyxia, caused by strangulation, the S.I. of Kamakshayanagar P.S. submitted a written report before the OIC, as the enquiry in the U.D. Case No. 6/94 revealed that it was a case of murder.