SADHU CHARAN MAHANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By the Bench: The appellant Sadhu Charan Mahanta faced trial in the Court of learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.133 of 2005 for commission of offences punishable under Sec. 302/201 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that during the intervening night of 05/6/4/2005, he committed murder of his wife Kuni @ Basanti Mahanta (hereinafter 'the deceased') in his house situated at village Batapalasa and having reason to believe that the murder had taken place, he caused the evidence of the said offence to disappear by burying the dead body of the deceased on the river bank of 'Budhi Nai' with intention to screen himself from the commission of offences.

(2.) The prosecution case, as per the first information report (hereinafter 'F.I.R.')(Ext.2) lodged by Bhuban Mohan Mahanta (P.W.3), in short, is that the deceased was his younger sister and there was love affair between the appellant and the deceased and they got married about twelve to thirteen years prior to the death of the deceased. The appellant was working as a Gramrakhi under Karanjia Police Station and the appellant and the deceased were having two children, the son was aged about six years and the daughter was about four years.

(3.) After submission of the charge sheet, the case was committed to the Court of Session after complying due formalities. The learned trial Court framed charges against the appellant as aforesaid and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.