STATE OF ORISSA Vs. PARASURAM NAIK

JUDGEMENT

(1.) This Criminal Appeal by Special Leave is filed by the State of Orissa challenging the judgment and order of acquittal dated 31-7-1984 passed by the High Court of Orissa. The respondent/accused was put up for trial for an offence punishable under Section 302, I.P.C. for committing the murder of his wife, Sarita Sahu. The Sessions Court accepted the evidence of dying declarations led by the prosecution being trustworthy and accordingly convicted the respondent under Section 302, I.P.C. and sentenced him to suffer life imprisonment. The respondent preferred an appeal to the High Court of Orissa which was allowed by the learned Division Bench of the said High Court holding that the prosecution evidence is not sufficient to hold the respondent guilty of an offence punishable under Section 302, I.P.C. for committing the murder of his wife. It is this order of the High Court dated 31-4-1984 which is the subject-matter of challenge before us.

(2.) It was alleged by the prosecution that on the fateful night of September 19, 1979 when Sarita Sahu (since deceased) was sleeping with the mother Balmati Sahuani (P.W. 4) in the outer varandah of their house in village Bilaigarh, Distt. Sundergarh, the respondent poured petrol on the body of his wife, Sarita Sahu and lit the fire. Bhadra Sahu, the father of Sarita who was sleeping nearby in the same varandah woke up and when he saw the blaze of fire he called his wife. It was then noticed that Sarita Sahu was completely burnt. She was then taken to the Laing Primary Health Centre where she succumbed to the burn injuries during the same night. The First Information Report came to be lodged. After completing the necessary investigation the respondent was put up for trial for an offence punishable under Section 302, I.P.C.

(3.) The respondent denied the charge and pleaded that he is innocent and he has been falsely implicated in the present crime.