STATE OF ORISSA Vs. NARAYAN PATRA

JUDGEMENT

(1.) The judgment dated 06.11.1995 passed by learned Sessions Judge, Dhenkanal -Angul, Dhenkanal acquitting the accused -Respondent of the charge under Sec. 302 I.P.C. in S.T. No. 41 of 1993 is assailed in this appeal by the State.

(2.) The criminal action was set to motion on receipt of an F.I.R. dated 01.11.1992 lodged by P.W. -3 Kailash Patra at Bhuban P.S. According to the prosecution case, as spelt out in the F.I.R., P.W.3 who happens to be the paternal uncle of the deceased Basanti received information from one Golekh Patra that Basanti was assaulted by her husband -Narayan Patra (accused) by means of Iron Pipe (Phunkanali) thereby causing injury on her head. It was alleged that after receiving the said injury, Basanti ran away from her house. On the way near a syphon some of the villagers saw her and on being asked, Basanti told them that her husband had assaulted her severely, as a result of which there was heavy bleeding from her head. She requested them to take her to her father -in -laws house. It was further alleged that when Ramesh Patra -P.W.5 and Chakradhar Patra -P.W.6 were trying to help Basanti, the accused rushed there along with a 'spade', scolded both P.Ws. 5 and 6 as to why they had touched his wife and thereafter dealt blows with the 'spade' on the head of the Basanti. Seeing the occurrence, the said P.Ws. left the place. After receiving such information the informant came to the house of Narayan Patra but then as he was not found he went to the house of Basanti's father -in -law where he found that Basanti was lying dead and her mother -in -law was sitting beside her.

(3.) After receiving the F.I.R. the Officer -in -Charge, Bhuban P.S. registered a case under Sec. 302 I.P.C.. which was converted to G.R. Case No. 315 of 1992 of the Court of learned S.D.J.M., Kamakhyanagar. He visited the spot, made inquest over the dead body of the deceased, seized the iron pipe as well as 'spade', took up investigation and submitted charge sheet against the accused. Thereafter, order of commitment was passed, and the Sessions Trial commenced in the Court of the learned Sessions Judge, Dhenkanal -Angul, Dhenkanal.