MOTI GOUDUNI Vs. STATE

JUDGEMENT

(1.) IN the early hours of June 13, 1971, Biswanath Gouda (hereinafter referredto as the deceased) of village Saranpur in the district of Koraput was found lying dead in his house with a Chadar covering the dead body. The appellant Moti, who was the second wife of the deceased, had, it was alleged, along with Ratan Gouda, who was said to be her paramour, killed the deceased in furtherance of their common intention, during the preceding night, the appellant by means of a knife, and Ratan by means of the blunt side of an axe and having first given out that the deceased died of gastric trouble, the appellant later made an extra -judicial confession before Tularam Naik (PW 2) and Raghunath Ganda (PW 3) to the effect that she and Ratan killed the deceased. On drawing up the first information report (Ext. 5), the Officer -in -charge (PW 8) of the police, station at Papadahandi took up the investigation, As the investigation was not completed for a long time, the appellant and the co -accused, namely, Ratan Gouda, were discharged. In August, 1971, a chargesheet was placed and the co -accused Ratan Gouda, on being produced on the strength of a warrant issued against him, was tried and acquitted of the charge of murder. The appellant was said to be absconding and after she was produced in custody in July, 1978, she was committed to the court of session and tried being charged under Section 302 of the Indian Penal Code.

(2.) TO bring home the charge to the appellant, the prosecution had examined eight witnesses. The case of the appellant was one of denial and false implication. No witness had been examined on her behalf,

(3.) MR . N.K. Behera, the learned Advocate appearing on behalf of the appellant, has submitted that the order of conviction cannot be sustained on facts and maintained in law, Mr. A. Rath, the learned Additional Standing Counsel, has supported the order of conviction as well -founded.