B.K.BEHERA, G.B.PATTANAIK
MELAKA JOGI – Appellant
Versus
THE STATE – Respondent
B. K. BEHERA, J.
( 1 ) THE trial court has held the charges against the appellant under section 302 and 201 of the Indian Penal Code established and having convicted the appellant for both these offences, has sentenced him to undergo imprisonment for life for commission of offence of murder without passing any separate sentence for the other offences, after accepting the case of the prosecution that on April 8, 1979, during the night, the appellant, on returning from the market with P. W. 2 after purchasing a pair of buffaloes, asked his wife hereinafter referred to as the deceased to bring some turmeric water and as there was some delay, he entered inside, dragged the deceased out and first assaulted her by means of a oradabadi (M. O. 1) and after it broke into two pieces, he dealt kicks and blows on the neck and belly of the deceased and pressed the neck of the deceased by his leg for which the deceased groaned and succumbed to the injuries sustained by her and on the day following the appellant and his brother, who also stood trial being charged under section 201 of the Indian Penal Code, cremated the dead body to cause evidence of the offence of murder to disappear to screen t
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