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:

(3.) TO prove its case, prosecution had examined eight witnesses. Admittedly, there is no eye -witness to the occurrence. The prosecution relied on the following circumstances: