L.MOHAPATRA, C.R.DASH
Sri Dillip Kumbhar – Appellant
Versus
State of Orissa – Respondent
JUDGMENT
1.The trial Court found the appellant guilty of the offence of uxoricide, convicted him under Section 302, I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs.5,000/- (five thousand), in default, to suffer R.I. for six months more. The said judgment dated 18.04.2005 and order of sentence dated 20.04.2005 passed by learned Addl. Sessions Judge, Titilagarh in Sessions Case No. 114/37 of 2003 are impugned in this appeal.
2.The occurrence happened at about 5.30 p.m. on 08.04.2003 at Sunari jungle near Rengali situated under Saintala P.S. in the district of Bolangir. The appellant is a resident of village Talapadar. The village of the deceased is Ichhapada. marriage between the deceased and the appellant was solemnized on 11.03.2003. On 08.04.2003 the appellant is alleged to have arranged a phone call to the telephone of his co-villager Bishnu Prasad Meher (P.W.15) to reach a false message to his deceased wife to the effect that her father was ill. On the same day, on the pretext of taking his wife to see her ailing father, the appellant at about 5.30 p.m. left his village Talapadar along with his wife. They proceeded to Ichhapada on a bicycle through
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