Advocates:
['M/S M S CHHOTARAY', '', 'S K SATPATHY', 'B CHOUDHURY', 'U S CHHOTRAY', 'R R BHATTACHARYA']

CRLA No. 478 of 2015

Misc. Case No. 1285 of 2015

04. 17.11.2016 Heard learned counsel for the appellant and learned Ad

ditional Government Advocate in support of and in opposition to the bail prayer of the appella

nt-Bhaskar Chandra Nayak.

We have perused the records. Its a case of uxoricide. The wife

has been assaulted to death by the husband but the fact is that the motive for committing mur

der of the deceased was that the wife was making fanatic calls and when husband dissuaded her,

she rebuked him. It seems that out of sheer anger, incident had occurred. No doubt the son of

the husband is an eye-witness but the fact is that his statement U/s. 161 of CrPC was never r

ecorded and after four years of the incident, that he has deposed in court for the first time.

During this period of four years the witness had remained with the parents of the deceased. I

n view of the aforesaid chance of tutoring cannot be ruled out.

In view of the aforesaid matter, the offence does not seem to

transgress the periphery of Section 304, Part-I IPC, and therefore, convictio