The prosecution must establish guilt beyond reasonable doubt, which can be satisfied through reliable eyewitness accounts and corroborative medical evidence.

JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal from inside the Jail, has called in question the judgment of conviction and order of sentence dated 14th December, 2004 passed by the learned 1st Ad hoc Additional Sessions Judge, Sundargarh in Sessions Trial Case No.115/23 of 2004 arising out of G.R. Case No.576 of 2003 corresponding to Lephripada P.S. Case No.66 of 2003 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sundargarh.

The Appellant (accused) thereunder has been convicted for committing the offence under section 302 of the INDIAN PENAL CODE , 1860 (for short, ‘the IPC’). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.1,000/- (Rupees One Thousand) in default to undergo rigorous imprisonment for six (6) months for commission of the said offence.

2. PROSECUTION CASE:-

The accused is the husband of the deceased and they were having three children. After some years of their marriage, since the accused ill-treated and tortured the deceased, she had to leave the house of the accused. The deceased had left the house of the accused five to six years before the incident, which took place on 16.12.2003. The deceased stayed with one Runa Dhanwar of Village-Gundiadihi as husband and wife. They were earning their livelihood by working as field labourers. Two days before the occurrence, the deceased and Runa were engaged by one Grigory Tigga (P.W.1) to work in his field. On the day of occurrence to the house of P.W.1, it was around 5.30 p.m. at Charakguda near the house of Moti Xalko (P.W.3) and Martha Xalko (P.W.4), the accused started quarrelling with the deceased and he then out of anger, inflicted several axe blows on the face and neck of the deceased causing severe bleeding injuries. The deceased fell on the ground and became senseless. The accused fled away carrying the axe. The deceased thereafter, while being shifted to Lephriiada Hospital, met her death on the way. Gregory Tigga (P.W.1) then lodged a written report with the Officer-in-Charge (O.I.C.), Lephiripada P.S. in the night of 17.11.2003 at 1.00 a.m narrating about the incident.

On receipt of the above report, the O.I.C (P.W.11) treated the same as FIR (Ext.1) and upon registration of the case, took up the investigation.

3. The Investigating Officer (I.O.-P.W.11), in course of the investigation, examined the informant (P.W.1) and recorded his statement under section 161 Cr.P.C. The I.O. (P.W.11), having visited the spot, prepared the spot map (Ext.11). He (P.W.11) held the inquest over the dead body of the deceased and prepared the report to that effect (Ext.2) and sent the dead body of the deceased for post mortem examination by issuing necessary requisition. The I.O. (P.W.11) thereafter seized the wearing apparels of the deceased under seizure list (Ext.12) and seized blood stained earth, sample earth under seizure list (Ext.3). He (P.W.11) thereafter arrested the accused and forwarded him in custody to Court. The I.O. (P.W.11) sent the seized incriminating articles for chemical examination through Court. On completion of the investigation, the I.O. (P.W.11) submitted the Final Form placing this accused to face the Trial for commission of the offence under section 302 of the IPC.

4. Learned S.D.J.M., Sundargarh, on receipt of the Final Form, took cognizance of the said offence and after observing the formalities committed the case to the Court of Sessions for Trial. That is how the Trial commenced by framing the charge for the aforesaid offence against this accused.

5. In the Trial, the prosecution, in support of its case, has examined in total eleven (11) witnesses. Out of them; P.W.1 is the Informant, wh