REKHA DEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 5.4.1996 passed by the Additional Sessions Judge, Khurda, in S.T. Case No. 64/216 of 1995, whereby the appellant has been convicted under Section 302 of the Indian Penal Code (for short "IPC"), for committing the murder of Tikili Baliarsingh, and sentenced to undergo imprisonment for life.

(2.) THE sole appellant was prosecuted for commission of the murder of one Tikili Baliarsingh, the second wife of the informant Gadadhar Baliarsingh (P.W. 5) on 2.10.1995 between 10.00 A.M. and 6.00 P.M. in village Naramanabi. The skeletal picture of the prosecution story, as unravelled during the course of trial is as follows :

(3.) IN order to sustain conviction against the appellant, the prosecution had examined eight witnesses. There is no eye -witness to the occurrence and the entire prosecution case rests on circumstantial evidence. In such a case, the, prosecution is required to prove all the circumstances, which would unerringly indicate the complicity of the accused in the crime. In other words, every link in the chain of events must be firmly established so that there would be no missing link from which the innocence of the accused can be inferred. Keeping this in mind, let us see how far the prosecution has been able to prove its case against the present appellant.