STATE OF ORISSA Vs. SELEJA DIGAL

JUDGEMENT

(1.) This is a Government Appeal filed by the State challenging the order passed by the learned Sessions Judge, Phulbani acquitting the respondent of the charge under Sec. 302, I.P.C. in S.T. No. 46 of 1997.

(2.) The respondent was prosecuted for having committed murder of his wife, Naka Digal in the night of 9/10.2.97 in village Pangamaha (Gedingia) under Raikia Police Station in the district of -Khandmal. The brevity of the prosecution case as discussed in the trial Court judgment is as follows:

(3.) The prosecution in all had examined 7 witnesses in order to sustain the conviction against the respondent. The learned sessions Judge. Phulbani after thorough evaluation of the evidence was, however, not inclined to record conviction against the respondent. Therefore, the State has filed this appeal challenging the said order of acquittal.