JOGESWAR PRADHAN @ JOGE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 22nd March, 2005 passed by the learned Sessions Judge, Kandhamal -Boudh, Phulbani convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (for short 'the I.P.C.') and sentencing him to undergo imprisonment for life In S.T. No.116 of 2003.

(2.) THE case of the prosecution is that both the deceased persons Balaram Behera and Pramila Behera, related to each other as husband and wife, had gone to nearby forest in the morning on 2.2.2003 to collect fire wood. When they did not return to the village till 3 P.M., their daughter P.W.3 informed this matter to P.W.2, who happens to be her uncle. Thereafter, P.Ws.2 and 3 with co -villagers went in search of the deceased persons. They found dead body of Pramila Behera lying on the embankment of the Nala near a brick kiln and the dead body of Balaram Behera was found near the Nala. They noticed cut injuries on the dead bodies of both the deceased persons. Thereafter; the informant P.W.2 lodged the FIR at Pasara Out Post in writing and investigation was taken up. On completion of investigation, charge -sheet was submitted against the appellant under Sections 376 and 302 of the I.P.C.

(3.) IN absence of any direct evidence, the trial Court relied upon the circumstantial evidence and found the appellant guilty of the offence under Section 302 of the I.P.C. and convicted him thereunder. The appellant was acquitted of the charge under Section 376 of the I.P.C.