STATE OF ORISSA Vs. BHIKARI CHATAN PATNAIK

JUDGEMENT

(1.) The Government Appeal and the Criminal Appeal arising out of the same judgment and order have been heard together and will be governed by this common judgment.

(2.) The convict (to be described hereinafter as the appellantT) stood charged under sections 302, 392 and 394 of the Indian Penal Code (for short, the Code) with having committed the murder of Kaluni alias Gouri Dei (to be described hereinafter as the deceasedT) by intentionally causing her death on April 1, 1979 and with having committed robbery in the course of which gold ornaments of the deceased including gold necklace had been removed. The appellant's plea was one of denial and false implication.

(3.) It is not disputed at the Bar that the deceased had died a homicidal death. There was no witness to the occurrence. The case depended on circumstantial evidence which, in order to be acted upon, had to be clearly established and would have to be incompatible with the innocence of the appellant.