STATE OF ORISSA Vs. HARISEBAK MISHRA

JUDGEMENT

(1.) This is an appeal by the State against the judgment dtd. 28/8/2004 passed by the Additional Sessions Judge, Sonepur in Sessions Case No.65/3 of 2004 arising out of G.R. Case No.93 of 2003. By the impugned judgment, the trial Court acquitted the two accused persons, who stood charged with committing the offence punishable under Sec. 302 read with Sec. 34 IPC for the murder of Manjulata Mishra, whom Respondent/accused No.1 (hereafter A-1) Harisebak Mishra had married on 5/3/2003. The charge was that the two accused had strangulated her to death on 27/6/2003 at about 6 p.m. and, thereafter caused the evidence to disappear by making it appear that she had committed suicide thereby further committing the offence punishable under Sec. 201 read with Sec. 34 IPC.

(2.) The case of the prosecution was that A-1 was having an illicit relationship with his own step mother (A-2) and this provided the immediate provocation for ill-will between the newly wedded wife i.e. the deceased Manjulata Mishra and A-2. Further the case of prosecution was that soon after the death of the deceased, A-1 absconded and was able to be arrested by the police about eight days thereafter. The absconding of A-1 after the incident was projected by the prosecution as one important circumstance in the chain of circumstances, which the prosecution sought to prove against the accused.

(3.) The second circumstance was the medical evidence, which according to prosecution showed that the death was not suicidal, but homicidal as there were no ligature marks on the neck. The third circumstance relied upon was that the statement made by A-1 while in police custody leading to the recovery of the towel purportedly used to strangulate the deceased. As far as motive for the commission of the crime, the prosecution projected the alleged illicit relationship between the two accused.