SHIBA HAREKA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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S. K. Mishra, J. -
(1.) In this appeal under the provision of Sec.383 Cr.P.C. the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer further R.I. for one year, by the learned Addl. Sessions Judge, Jeypore in his judgment dtd.09.05.2011 passed in Criminal Trial No.47 of 2010.
(2.) The case of the prosecution, in short, is that the appellant happens to be the brother-in-law of deceased Meleka Taudu (deceased's sister's husband). It is alleged that prior to the alleged occurrence, the appellant had borrowed Rs.100/- from the deceased as hand loan. On 09.03.2009 after noon the deceased with his wife Meleka Apalamma went to the house of appellant to ask for the loan amount of Rs.100/-. The appellant refused to pay back. Therefore, a quarrel ensued between the appellant and the deceased. At that time, the appellant being enraged, brought out an axe from his house and dealt a blow to the chest of the deceased, as a result, deceased succumbed to the injuries at the spot. Thereafter accused finding the deceased dead, ran into the forest. Meleka Apalamma, the wife of the deceased informed the matter in the village; whereafter the villagers along with the appellant burnt the dead body in the village burial ground to cause disappearance of the evidence. Three days thereafter the wife of the deceased presented a written report in Bandhugaon police station being scribed by one Srinivas Patnaik which was registered as P.S. Case No.4 dtd.12.3.2009 U/ss.302, 201 I.P.C. and the O.I.C. himself took up investigation. During course of investigation the I.O. seized half burnt pieces of bones, a handful of ash from the burial ground, blood stained earth, sample earth from the spot, an axe of which the wooden handle being half burnt and one lungi from the appellant. Except the Lungi he sent other materials for chemical examination, arrested the appellant on the very next day of registration of the case from village Almanda and forwarded to court. On completion of investigation, charge sheet was submitted against the appellant U/ss.302, 201 I.P.C.
(3.) Prosecution, in order to prove its case, examined only 3 witnesses, two allegedly eye witnesses and the I.O. and proved 6 documents. P.W.1 - Meleka Apalamma is the wife of deceased. P.W.2 - Harika Wannoo @ Wanna is the wife of accused and P.W.3 is the investigating officer. The seized Tangia and Lungi are marked as M.O.I and II. Defence examined none.;
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