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2024 Supreme(Ori) 53

S. K. SAHOO, S. K. MISHRA
Hadu @ Kusaleswar Manhira – Appellant
Versus
State of Odisha – Respondent


Advocates:
Ms. Manaswini Rout Amicus Curiae, for the Appellant; Mr. Priyabrata Tripathy, Addl. Standing Counsel, for the Respondent.

JUDGMENT

1. The appellant Hadu @ Kusaleswar Manhira faced trial in the Court of learned Additional Sessions Judge, Sonepur in Sessions Trial No.34 of 2005 for commission of offence under section 302 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 15.12.2004 in between 3.00 p.m. to 6.00 p.m., at village Silatimunda under Tarava police station, he committed murder of his wife Sumitra Manhira (hereinafter 'the deceased').

The trial Court, vide impugned judgment and order dated 14.07.2006, found the appellant guilty of the offence charged and sentenced him to undergo imprisonment for life.

Prosecution Case:

2. As per the first information report (hereinafter 'F.I.R.') lodged by one Purna Chandra Bag (P.W.1) before the Officer in-charge of Tarava police station on 15.12.2004, the prosecution case is that the deceased was his sister. On that day, at about 6.00 p.m., while he was binding straw, he heard cries from the side of the house of the appellant and came to that place and found some female members were crying there.

P.W.1 asked the reason for their crying and came to know that the appellant and the deceased had gone to jungle to bring fire wood but they did not

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