STATE OF ORISSA Vs. GOURANGA MAHANTA

JUDGEMENT

(1.) The State is in appeal against the judgment dtd. 6/5/2004 passed by the learned Sessions Judge, Dhenkanal in S.T. Case No. 127-D of 2000 arising out of G.R. Case No. 106 of 2000 whereby the Respondents have been acquitted of the offence punishable under Ss. 302/201 read with Sec. 34 of IPC. The Respondents stood charged with having committed the murder of Balaram Naik on 4/2/2000 at village Saraberani within the local limits of Kamakhyanagar Police Station in the District of Dhenkanal.

(2.) 13 witnesses were examined for the prosecution whereas the accused was examined one witness. The key witness for the prosecution was P.W.4, who supposed to have witnessed the incident. P.W.7 was the wife of the deceased, who is supposed to have deposed about the rivalry between the deceased and the accused.

(3.) P.W.7 stated that the deceased had taken the cycle of one Narottam Jena (P.W.5) on Friday, but did not return home. Subsequently, the matter was reported by her at Kankadahad Police outpost. 19 days thereafter, on being informed that the dead body is floating in the village well, she went there and identified the body of her husband. On a crucial aspect about the previous quarrel between the accused and her husband, it transpired during her cross-examination that she had made no such statement at the first instance to the police during the investigation. This omission was, therefore, viewed by the trial Court as rendering her evidence untrustworthy.