GANDURU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE conviction and sentence passed by the learned Additional Sessions Judge, Rourkela in S. T. No. 145/39 of 1994 under Section 302 of the Indian Penal Code (in short. 'IPC') directing the Appellant to undergo imprisonment for life is under appeal.

(2.) THE horrendous story depicted by the prosecution is as follows:

(3.) FROM the facts situation, it has emerged that the prosecution case is based on circumstantial evidence. Therefore, the circumstance must be such from which a conclusion of guilt is to be drawn. The facts so established must be consistent with the hypothesis of the guilt of the accused alone and to tally inconsistent with his innocence keeping the aforesaid principle in mind, as laid down by the Supreme Court in Sharad v. State of Maharastra : AIR 1984 SC 1622, we have to see how far the prosecution has been able to bring home the charge to the Appellant.