JUDGMENT

K.R. MOHAPATRA, J. - The convict namely, Gopal Sagar in Criminal Trial No. 123 of 2003 (arising out of G.R. Case No. 228 of 2002 of the Court of learned J.M.F.C., Laxmipur, corresponding to Laxmipur P.S. Case No. 57 of 2002), has filed this appeal assailing the judgment and order of conviction and sentence dated 9th September, 2004 passed in the aforesaid criminal trial, wherein, the appellant has been convicted under Sections 302/498-A/309 I.P.C. and has been sentenced to undergo imprisonment for life. In view of imposition of sentence of imprisonment for life passed under Section 302 I.P.C., no separate sentence has been imposed for commission of offence under Sections 498-A/309 I.P.C.

2. The short matrix of incident narrated in the FIR is that upon receiving information about the death of Soha Sagar (the deceased), the wife of the appellant, the informant, namely, Darsan Takri, PW-1, who was the Gramarakhi of the village, went to the house of the appellant and found the body of the deceased lying in a pool of blood. It was stated in the F.I.R. that previously the appellant suspecting the character of the deceased (his wife) was frequently assaulting her, due to which the deceased had been staying with her brother at Narayanpatna for 1 and ½ months prior to the incident. On the request of the appellant, the deceased had returned to the matrimonial home prior to five days of the incident. On the date of the incident, the appellant, deceased and their children were sleeping after taking dinner. At about 2.00 A.M., the appellant gave two blows on the head of the deceased by means of a wooden pidha causing severe bleeding injury and due to the injury sustained, the deceased succumbed to death. After the incident, the appellant out of fear had rushed to the nearby railway track to commit suicide, but subsequently came back to his house and slit his neck by means of a blade with intention to commit suicide. Thereafter, the appellant went to the house of his elder brother, namely, Sarathi Sagaria and narrated the incident to his elder brother and sister-in-law (wife of elder brother) (PW-3). Hearing from the appellant, his elder brother and sister-in-law had gone to the spot and subsequently, the informant also reached the spot on receiving information and found that the deceased was lying dead in a pool of blood. On interrogation, the appellant had confessed his guilt before the informant and narrated the incident before him.

3. The FIR (Ext.1) was scribed by one Suryanarayan Pattnaik on the instruction of the informant and being read over and explained to him by the scribe, the informant put his signature on the FIR. Since the allegation disclosed cognizable offence under Sections 302/309 I.P.C., the O.I.C., Laxmipur Police Station registered the same as Laxmipur P.S.Case No.57 dated 11.11.2002 and took up investigation. On completion of the investigation, charge-sheet under Sections 302/498-A/309 I.P.C. was filed.

4. The plea of defence was complete denial of involvement of the appellant in the incident. The defence further took a plea that the Investigating Officer and O.I.C., Laxmipur Police Station was inimically disposed off against him as he was a Gramarakhi of the village and was not performing the household works of the OIC. Due to the untimely death of his wife, the appellant was crying, in course of which he fell down on some wooden plank resulting injury to his person.

5. The prosecution in order to bring home the charges examined eight witnesses. PW-1 is the informant and the Gramarakhi of the village Laxmipur; PW-2 and PW-4 are the son and daughter of the appellant respectively. PW-3 is the sister-in-law (elder brother’s wife) of the appellant. PW-5 is the co-villager and a post-occurrence witness. PW-6 is the Medical Officer of Laxmipur P.H.C., who conducted autopsy over the dead-body. PW-7 is the Police Constable, who carried the dead-body for postmortem. PW-8 is the OIC of Laxmipur Police Station and