LAWS(ORI)-2022-5-100

MILAN Vs. STATE OF ODISHA

Decided On May 16, 2022
Milan Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The sole Appellant has been convicted and sentenced to life imprisonment for committing murder of his wife.

(2.) The occurrence took place in the house of the Appellant at village Ruguditika (Sodhapali) under Atabira Police Station in the district of Bargarh. The deceased was the second wife of the Appellant and they married after death of the 1st wife. As per prosecution case, the occurrence took place on 29/3/2012 afternoon around 3 pm. The Appellant in drunken state assaulted the deceased by means of a stick on her head and left the house after she died, and again returned back during evening hour, took the dead body by dragging near the thrashing floor (Khala) situating at the backside of his house, set fire to it and then dumped the half burnt charred dead body in the cow-dung pit nearby to it. P.W.5, the son of the Appellant and deceased, a boy aged about 11 years reading in Class-VI is the eye-witness to the assault as well as the subsequent events. P.W.6, another son and P.W.11, the daughter are also projected as eye-witnesses to the occurrence, who are disbelieved as such by the trial court with regard to the assault part.

(3.) The F.I.R. (Ext.1) was lodged by P.W.1, the Gramarakhi on 31/3/2012. The inquest was held on 1/4/2012 in presence of the Executive Magistrate (P.W.17) and the post mortem examination was conducted by P.W.18 on the same day, i.e. 1/4/2012.