GURUA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) AGGRIEVED by the judgment and order of conviction passed by the learned Sessions Judge, Sundargarh in S.T. No. 215 of 1998 convicting the Appellant under Section 302, I.P.C. and sentencing him to imprisonment for life, the Appellant has preferred this Jail Criminal Appeal.

(2.) THE case of the prosecution is that on 25.05.1998 at about 4.00 P.M., the Appellant along with his wife was returning from his in laws house. Near Rajabasa -Siliguda road, a dispute arose between the couple, inconsequence whereof, the Appellant lost his temper, picked up a stone from the roadside and pounded the head of the deceased with that stone, as a result of which, she sustained bleeding injury and died instantaneously. On the next day, the Grama Rakhi went to the spot and found the deceased lying there and a lot of blood had come out from her head. He orally reported the matter at Tensa Out Post and the S.I. reduced it to writing and transmitted the same to Lahunipada Police Station for registration of the case. After investigation, Final Form was submitted under Section 302, I.P.C. against the present Appellant.

(3.) PROSECUTION examined as many as nine witnesses and proved fifteen documents to bring home the charge to the Appellant. Defence did not choose to adduce or produce any evidence. The trial Court, by its judgment convicted the present Appellant under Section 302, I.P.C. and sentenced him to imprisonment for life basing upon the evidence of P.Ws. 1 and 3, before whom the alleged extra judicial confessional had been made by the accused -Appellant.