STATE Vs. MAGUNI CHARAN SAHU

JUDGEMENT

(1.) THIS is an appeal against the order of acquittal dated 22.5.1987 passed by the Sessions Judge, Keonjhar in Sessions Trial case No.9 of 1986 acquitting both the accused persons of the charge under Sections 302/34 and 201 of I.P.C. and further acquitting accused Maguni Charan Sahu of the charge under Section 498 -A of I.P.C. under benefit of doubt.

(2.) THE facts leading to filing of this appeal succinctly stated run as follows : On 10.10.1985 at the instance of accused Natabar Sahu, since dead, P.W.11 reported before the A.S.I. of Anandapur Police Station that on the previous night Tova, the daughter -in -law of accused Natabar and the wife of present accused -Respondent being attacked by epileptic fit, fell down over a heap of stones, sustained severe injuries and succumbed to the same on the very night. In absence of the O.I.C., the A.S.I. (P.W.17) registered U.D. case No.51 of 1985 and enquired into the matter. In course of enquiry he held inquest over the dead body, sent it to the hospital for autopsy over it, examined some witnesses and handed over the charge of the case to the O.I.C., P.W.18 on the next day. As it was found from the Post -mortem report that the deceased Tova died a homicidal death, P.W.18 asked P.W.17 to close the U.D. case and accordingly he closed it. On his own information P.W.18 drew up plain paper F.I.R. and registered P.S. Case No.180(9) of 1985 under Section 302 I.P.C. against unknown persons and investigated into the case. In course of investigation he examined the witnesses, arrested both the accused persons, forwarded them to Court, seized some incriminating objects including a stone (M.O.III) and handed over charge of the case to P.W.19 who submitted charge sheet under Sections 302/498 -A of I.P.C. against accused persons. The case having been committed to the Court of session, charge under Sections 302/34 and 201 I.P.C. was framed against both the accused persons and accused Maguni Charan Sahu was further charged for the offence under Section 498 -A of I.P.C.

(3.) IN order to establish its case prosecution examined as many as 19 witnesses as against none on behalf of the accused persons. Admittedly there is no eye witness to the occurrence. The fate of the case solely depended upon the circumstantial evidence. To bring home the charges against the accused persons, prosecution mainly relied upon the evidence of the parents of the deceased (P.Ws. 1 and 3), doctor (P.W.16) who conducted autopsy over the dead body, witness to the seizure of the stone (P.W.10) and the main I.O. (P.W.18), the statement of accused Maguni Charan Sahu, leading to discovery of the stone with which it was alleged that he thrashed his wife, Tova on her face and head causing her death. After assessing the evidence on record the trial Court held that the accused persons might have killed the deceased, but there is long gap between might have and must have. Prosecution having failed to bridge that gap, he acquitted the accused persons of all the charges, under benefit of doubt vide his order dated 22.5.1987. Being aggrieved with this order the State has preferred the present appeal as mentioned earlier. During pendency of the appeal accused Natabar expired on 10.12.1996 and as such the appeal against him was abated vide order dated 25.8.2006.