STATE OF ORISSA Vs. BABAJI CHARAN MOHANTY

JUDGEMENT

(1.) S.L.P. (Crl.) 3971 of 1995

(2.) Five persons including respondents 1 and 2 herein stood trial before the Court of Session, Balasore, for intentionally causing the death of one Santosh Kumar Mohanty on the night of 14th March, 1988. The two respondents were charged and convicted under S. 302, I.P.C. They are the father and elder brother of the deceased who was serving in Indian Army at Dehradun and who came to his native place to take his wife with him. The other accused are the second wife of the accused-Babaji Charan Mohanty and his son and daughter. The wife of deceased by name Manjulata Mohanty figures as informant and P.W. 1 in this case. She married the deceased about a year earlier.

(3.) The accused Nos. 3 to 5 who were charged under S. 302 read with S.34, I.P.C. were acquitted by the learned Sessions Judge. On appeal preferred by accused 1 and 2 (respondents herein), the High Court set aside the conviction and sentence and acquitted them of the charge of murder. The High Court did not consider it safe to rely on the evidence of P.W. 1, the wife of the deceased. Against this judgment of the High Court the State of Orissa has preferred the present appeals.