Orissa High Court
Shri Somanath Takri Learned Adhoc ... vs State Of Orissa on 22 January, 2021
ORISSA HIGH COURT, CUTTACK
Jail Criminal Appeal No.96 of 2005
From the judgment of conviction and order of sentence passed on 31.05.2005 by
Shri Somanath Takri learned Adhoc Addl. Sessions Judge, Jeypore convicting the
appellant-Somanath Takri under Section 302 of the IPC and sentencing him to
undergo R.I. for life in Criminal Trial No.28 of 2004
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Somanath Takri 1 Appellant
Versus
State of Orissa 1 Respondent
For appellant - Miss. Gayatri Das
For opposite party - Sk. Zafarulla
(Addl. Standing Counsel)
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PRESENT:
SHRI S.K.MISHRA
AND
MISS SAVITRI RATHO
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Date of Judgment - 22.01.2021
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S.K.Mishra, J. This is a case of uxoricide. The sole appellant-Somanath Takri has been
convicted by the learned Adhoc Additional Sessions Judge, Jeypore for committing
the offence under Section 302 of the Indian Penal Code, 1860, hereinafter referred to
as the 'Penal Code', and sentenced to undergo rigorous imprisonment for life in
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Criminal Trial No.28 of 2004 (C.T.4/2004 of Sessions Judge) and pay fine of
Rs.5,000/-, in default to undergo imprisonment for 6 months. He is implicated for
committing murder of his wife by means of a tangia (axe) in the night between 27th and
28th August, 2003 inside their residence. The only witness to the occurrence is their
own young son, aged about 15 years at the time of his examination in the court.
2. We have called for a report from the Superintendent, District Jail,
Koraput (Welfare Services) regarding the well being and whereabouts of the appellant,
who has replied by communicating a copy of the letter issued by the Senior
Superintendent, Circle Jail, Cuttack at-Choudwar. It is intimated that the sole
appellant-Somanath Takri, S/o Bhingu Takri of Indira Colony, P.S. Koraput Town,
District: Koraput has already been released from the custody on 17.03.2020 on
premature release scheme vide Government of Odisha, Law Department Order
No.3536 dated 16.03.2020 communicated to the Senior Superintendent, Circle Jail,
Cuttack at-Choudwar by Prisons Directorate letter No.5114 dated 16.03.2020 and the
Senior Superintendent, Circle Jail, Koraput vide letter No.1809 dated 17.03.2020.
3. Miss. Gayatri Das, learned Amicus Curiae appearing on behalf of the
appellant argues that this is not a case of 302 of the Penal Code, rather it is a case of
304, Part-II of the Penal Code as there is no intention on the part of the appellant to
commit the murder. The allegation is that the appellant assaulted the deceased by
means of an axe, which is witnessed by the sole eye-witness-P.W.1. The deceased
has sustained four injuries, which could have been caused by the axe seized in this
case. So, we are of the opinion that there is no reasonable ground to set aside the
conviction of the appellant under Section 302 of the Indian Penal Code.
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4. Hence, the JCRLA is disposed of in the light of the aforesaid discussion.
5. The dismissal of the Jail Criminal Appeal shall not be construed in any
manner to be an order directing the State Government to revoke the remission of
sentence.
Send back the Trial Court Record along with a copy of this judgment to
the trial court.
1.111111..
S.K.Mishra, J.
Savitri Ratho, J. I agree.
11111111..
Savitri Ratho,J.
Orissa High Court, Cuttack
nd
Dated, 22 January, 2021/PCD
