KABASI DEBA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the judgment rendered by the learned Addl. Sessions Judge, Malkangiri convicting the appellant-Kabasi Deba under Sec. 302 of the Indian Penal Code, 1860, hereinafter referred to as the 'IPC' for brevity, and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default to undergo R.I. for six months as per the judgment dtd. 20/7/2006 in Criminal Trial Case No.29 of 2003.

(2.) Bereft of unnecessary details the case of the prosecution is that on 23/10/2002, the accused-appellant-Kabasi Deba gave a blow by means of 'Mushala' to his wife. As a result of which, his wife died at the spot. Thereafter, the matter was reported to the police and the appellant was arrested and produced before the court. After completion of investigation, the I.O. submitted charge-sheet under Sec. 302 of the IPC.

(3.) The accused stood his trial and took the plea of complete denial about the presence of the witnesses in course of trial.