STATE OF ORISSA Vs. WATEKA MANI

JUDGEMENT

(1.) THE judgment and order of acquittal dated 9. 11. 1995 passed by the learned Additional Sessions Judge, jeypore, acquitting the accused person from the charge under Section 302 IPC in Sessions case No. 01 of 1995 as assailed by the state of Orissa in this Government Appeal.

(2.) BEREFT of unnecessary details, the prosecution case, in short, is that on 21. 3. 1994, the accused-respondent along with his wife, who was working as an Anganwadi Worker, was returning to their village from the Block office, Bandhugaon, after the wife received her salary. On the way both of them consumed liquor in Soriapali Hat. Near village dasini, the accused being intoxicated dealt fist blows, kicks and slaps to his wife (deceased)mercilessly. After reaching home, the accused again assaulted. As a consequence of such brutal act, the wife succumbed to the injuries. On 22. 3. 1994 late in the evening the accused went to his in-Law's house and informed that his wife being seriously ill may breathe her last at any time and they should come to see her, if so like.

(3.) FROM the FIR, it appears that on the next date, i. e. 23. 3. 1994, the brother of the deceased, came to the house of the accused/ respondent and found that his sister was lying dead in the house of the accused. He lodged an FIR before the Narayanapatna p. S. on 23. 3. 1994. After receipt of the FIR, g. R. Case No. 34 of 1994 was registered in the Court of the Judicial Magistrate First class, Laxmipur. After completion of investigation, charge-sheet was submitted for commission of offence under Section 302 ipc. Thereafter, the accused was committed to the Court of Session and the case was registered as Sessions Case No. 1 of 1995 and trial commenced by the learned Additional sessions Judge, Jeypore.