RAMKRISHNA MISRA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) BOTH the Appellants have been convicted under Sections 302/34, Indian Penal Code, and sentenced to R.I. for life by an order dated 18 -5 -1962 of the Sessions Judge, Sambalpur -Sundargarh, in Sessions Trial No. 15 of 1961.

(2.) THE accused Ramakrishna Misra is the cousin and accused Kunjalata Dibya is the second wife of the deceased Narasingha Misra. The deceased was working as an orderly, constable of the Deputy Superintendent of Police, Sundargarh, on 5 -3 -1961 that is the date of occurrence. A few days prior to the occurrence the deceased had been to Puri on official duty and returned to Sundargarh the day preceding the occurrence. On the date of occurrence, he also attended his duty at the residence of the D.S.P. until 2 p.m. Shortly after, he was found to be ill. So the accused who was living in the house of the deceased went to the residence of the D.S.P. several times to inform him about the illness of the deceased, but could not met him. Later on, some of the neighbours also visited the deceased and found him in a restless condition and advised accused Ramakrishna to take the aid of a doctor and remove the patient to the hospital. It is said that on some pretext of other, the accused Ramakrishna did not remove the deceased to the hospital. On the following morning, the deceased was found dead at his house having some ligature marks on his neck. P.W. 4 a neighbour of the deceased thereupon lodged an U.D. F.I.R. (Ext. 1) in which he reported that the death of the deceased appeared to be suspicious. After completion of investigation, the two Appellants were charge -sheeted and committed to the court of sessions where they were convicted and sentenced as above. There is no eye -witness to the occurrence, The prosecution relied upon the following circumstances to establish the case of murder against both the accused persons:

(3.) THE learned Sessions Judge relied upon these circumstances as proving the guilt of the accused persons and convicted both of them.