ANADI MAHANANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by the Addl. Sessions Judge, Titilagarh in Sessions Case No. 28(B)/14 of 1998 has preferred this appeal.

(2.) THE case of the prosecution is that in the night of 13.11.1997 at about 2.30 A.M. P.W.3, who is the father of the Appellant, heard some noise from one of the rooms where the Appellant and the deceased were sleeping. The deceased was shouting that she was being assaulted by the Appellant and was crying for help. P.W.3 immediately rushed to the said room but found the same chained from inside. When he called the Appellant, he was informed by the latter that the deceased had died. The Appellant also did not open the room for which P.W.3 called the villagers. Even after the villagers assembled, the Appellant did not open the room and the matter was reported to the police. The room was also locked from outside. After the police arrived at the place, the Appellant opened the room under threat and was apprehended. The two children of the Appellant came out of the room and the deceased was found lying dead inside the room. On these allegations, FIR having been lodged, investigation was taken up and charge -sheet was filed for commission of offence under Section 302, IPC.

(3.) THE prosecution in order to bring home the charge examined six witnesses but none was examined on behalf of the defence. Learned Addl. Sessions Judge, relying on the evidence of P.W.3, father of the Appellant (father -in -law of the deceased), as well as the evidence of P.W.1, who conducted post -mortem examination, and the evidence of other villagers, who supported P.W.3, found the Appellant guilty of the charge and convicted him thereunder.