RILA NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) By the impugned judgment of conviction and order of sentence dtd. 17/2/2016 passed by the learned 2nd Additional Sessions Judge, Khurda in S. T. No.34 of 2014, the present Appellant has been convicted under Sec. 302 of the Indian Penal Code, 1860 (for short 'the I.P.C.') for having committed murder of deceased Bikash Naik by poisoning. The Appellant has been sentenced to undergo imprisonment for life and to pay fine of Rs.20,000.00, in default to undergo R.I. for four months. I. CASE OF THE PROSECUTION:

(2.) The prosecution case, as is revealed from the materials on record, is that on 1/10/2013 at about 10.10 A.M. Bhima Naik, the father of the deceased submitted a written report at Sadar P.S, Khurda to the effect that accused Rila and her other family members with an evil intention called Bikash to their house and Rila offered him a drink mixed with "DANADAR" (pesticide poison). Bikash drank the same and, subsequently, died due to the toxic effect of poison.

(3.) A small boy aged about 12 years named Kanhei had been used as messenger by Rila to call the deceased to her house and one Manoj Naik was present when Kanhei handed over the letter of Rila to Bikash. The FIR also contains the signatures of 28 villagers, who were acquainted with the incident. Based on the said written report, the I.I.C., Sadar P.S., Khurda registered Sadar P.S Case No.139 of 2013 and took up investigation. On completion of investigation, he submitted charge sheet for commission of offence punishable under Sec. 302 of the I.P.C. against the accused Rila Naik to face trial.