ROHITA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 19.7.1999 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 73 of 1995 convicting the accused -Appellant under Section 302, IPC and sentencing him to undergo imprisonment for life, the Appellant has preferred this appeal.

(2.) THE case of the prosecution is that the accused and his wife were living in village Gundurijoda. They had three children. The eldest one was staying in a residential Ashram School whereas the two others were residing with the accused. The accused and his wife were picking up quarrels on several occasions. On 16.5.1995 evening, the accused after returning from his work demanded food, which was turned down by his wife. There was altercation between them, in course of which the accused got enraged and gave a knife blow to the chest of his wife. As a result, she died instantaneously. On the following morning, the accused reported the said fact to the villagers like P.Ws.1, 3 and 4. So, P.W.1 proceeded to Telkoi P.S. alongwith P.W.2 and informed the incident which was reduced to writing by the O.I.C. On receipt of such information, investigation was taken up and ultimately charge sheet was filed against the accused under Section 302, IPC.

(3.) IN order to prove its case, prosecution examined as many as 9 witnesses including the doctor and the I.O. and exhibited 14 documents. The defence examined none.