STATE OF ORISSA Vs. RAM NAIK PRADHAN

JUDGEMENT

(1.) The State has filed this appeal challenging the order dated 07.05.1998 passed by the Sessions Judge, Kandhamal-Boudh, Phulbani, whereby he has acquitted the accused-respondent of the charge under section 302 of the Indian Penal Code (for short, "IPC").

(2.) The sole respondent stood charged under section 302 IPC for committing the murder of his wife Jaiphulla Pradhan on 02.04.1997 at about 4.00 A.M. The prosecution story, as depicted in course of trial, is as follows The respondent was the husband of the deceased Jaiphulla Pradhan and they were living in one room, whereas his son and daughter-in-law were living in the other' room of the same house. The respondent was aged about 65 years at the time of commission of the offence and wife was 50 years of age. In the night of occurrence, i.e., on 01/02.04.1997, the respondent and his wife slept in one room after closing the door from inside. Similarly, P.Ws. 2 and 3, the son and daughter-in-law respectively of the respondent, slept in the other room. P.W. 2 heard the outcry rased by the deceased that she was dying. He went near the room where the respondent and the deceased were sleeping and knocked at the door, which was closed from inside. P.W. 3 also followed her husband. After P.W. 2 called the respondent, the latter opened the door, where after P.Ws. 2 and 3 found with the help of the light of a Dibiri that the deceased was lying dead in a pool of blood. She had received stab injury on her abdomen. F.I.R. was lodged at the police-station, whereupon a case was registered and after investigation, charge-sheet was submitted against the accused-respondent.

(3.) The plea of the respondent in his statement recorded under Section 313 Cr.P.C. was one of complete denial of the occurrence and his false implication in the case.