TRINATH NAIK Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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(1.) The sole appellant-Trinath Naik has assailed his conviction for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as the "Penal Code" for brevity) by the learned Addl. Sessions Judge, Bhanjanagar in S.C. Case No.47 of 2003/S.C. No.368/2003-GDC. The learned Addl. Sessions Judge has convicted him on 29.1.2005 and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for three months.
(2.) The appellant-Trinath Naik happens to be the husband of the deceased. They were married twenty years prior to the occurrence. They were earning their livelihood by collecting fire wood from the forest. On 1.4.2003 at about 6 A.M. accused, Bhabini and others proceeded to the Balabadi jungle for collection of fire wood and charcoal. By the evening, everybody returned except the appellant and his wife. Jatia Naik, brother of Bhabini, and the informant in this case, got the information that during collection of fire wood there was a quarrel between the Bhabini and the appellant. The appellant suspected the character of his wife. Bhabini protested his attitude. Thereafter, Trinath Naik being enraged dealt several tangia blows on her person causing her death. The appellant ran away from the spot with the axe. The informant proceeded to Balabadi and found the dead body of his sister Bhabini. On 2.4.2003 he appeared at Bhanjanagar Police Station at about 1.00 P.M. and presented a written report. The Senior Sub-Inspector of Police, in absence of the I.I.C., treated the said report as F.I.R. and registered P.S. Case No.46/2003 for the offence under Section 302 of the Penal Code and took up investigation.
(3.) In course of investigation the Investigation Officer, P.W.11, examined the informant in this case, examined witnesses, visited the spot, held inquest on the dead body of the deceased, dispatched the dead body for post mortem and arrested the accused. The accused made a disclosure statement while he was in custody and the I.O. raided the house of Chandra Naik for recovery of the weapon of offence. After completion of investigation, the I.O. submitted charge sheet against the accused for the offence under Section 302 of the Penal Code.;
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