MADHI NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and order dated 6.3.1999 passed by the Sessions Judge, Koraput in S.C. No.277 of 1997 convicting the appellant under Section 302 IPC and sentencing him to imprisonment for life.

(2.) THE case of the prosecution is that on 22.6.1997, P.W.3 and others were standing on the village road. At that time, accused came out of her house dancing, holding a husk pound (M.O. -I) and confessed before them that she had killed her husband. All the persons present along with P.W.3 entered into the house and saw the deceased lying dead and there was profuse bleeding from his head. Therefore, they convened a Panchayat. The appellant also attended the said Panchayat and confessed to have killed her husband. F.I.R. (Ext.1) was lodged by P.W.3 and the OIC, P.W.8 investigated into the matter. Ultimately charge -sheet was filed against the appellant for commission of offence under Section 302 I.P.C. In order to prove its case, prosecution examined as many as nine witnesses and exhibited sixteen documents. Defence examined none.

(3.) PERUSED the LCR, P.W.1 is the scribe of the FIR and he proved the same as Ext.1. P.W.2 is the doctor who conducted autopsy on the dead body of the deceased. According to him, all the injuries were ante mortem in nature and external injury No.1 with the internal injuries is sufficient to cause death in ordinary course of nature. He also opined that M.O.I. can cause the external injury No.1. P.W.3 is the brother of the deceased. He stated that the appellant came out of house and disclosed that she had killed her husband. At that time she was in a joyous mood. Nothing has been elicited from him during cross -examination by the defence. In cross -examination, he stated that a Panchayat meeting was held and ten persons attended the meeting. The accused -appellant confessed before the Panchayat to have killed her husband.