SUDESH NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sudesh Nayak has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000.00 with default stipulation.

(2.) The victim of the incident was appellant's wife Seema Nayak. She was 35 years at the time of her death.

(3.) According to the prosecution case, in the morning of 15.1.2009, just next day of the Magh Bihu, a body of a female was found lying in a dry ditch of about 5/7 feet depth in a forest near the house of the appellant at No. 1 Danga Line of Borchapori Tea Garden. The local people including Parameswar Rajput (PW-4), Sudarshan Deb Majhi (PW-5), Pushpa Nayak (PW-7) and Aparna Dhar (PW-8) residing in the neighborhood of the appellant's family identified the dead body as that of Seema Nayak (wife of appellant). The fact of discovery of the dead body spread like a fire and police was informed. Police intimated Suresh Nayak (PW-1)-the brother of the appellant and he made the First Information Report (exhibit-4) before Police Station Bokakhat. Parameswar (PW-4) wrote the same for him and also put his signature thereon as a scribe. In the First Information Report allegation was made against the appellant that he quarrelled with his wife on the previous night and after committing her murder threw the body in a ditch by the side of public road near the forest. It was also alleged that after committing the murder of Seema , the appellant carried her dead body on a push-cart which he borrowed from Pranesh Adhikari (PW-9) purportedly for the purpose of carrying fire woods from the nearby jungle.