NIMAI MUNNU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order passed by Mr. P. Jena, Sessions Judge, finding the appellant to be guilty of the charge-of murder, convicting him under section 302 of the Indian Penal Code and sentencing him thereunder to undergo imprisonment for life. The appellant stood charged for committing the murder of his wife Gurubari (hereinafter to be referred to as Tthe deceased). The prosecution had examined six witnesses to establish its case.

(2.) The tale presented by the prosecution at the trial was one of a husband killing his wife suspecting her fidelity and for her secret love affairs with his younger brother of which there was no material other than the extra-judicial confession in the evidence of P. Ws. 3 and 4 which not only bristled with material discrepancies with regard to the exact words said to have been uttered by the appellant, but was also fraught with suspicious features to be discussed hereinafter. The prosecution had not been able to establish as to why the appellant would kill his wife, who, according to Vatsayana is half the man, the best friend, the root of the family and its perpetuity, the source of well-being, while coming together on their way back after nightfall on September 20.

(3.) The contention raised on behalf of the appellant by the learned counsel appearing for him that the impugned .order of conviction is unfounded and misconceived shall prevail although the learned Additional Government Advocate has made halting and hesitating submissions in support of the order of conviction.