ADIKANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction recorded against the appellant under S.302 of the Penal Code (for short, 'the Code') sentencing him to undergo imprisonment for life, after acceptance of the case of the prosecution that during the night of Aprl. 27/28, 1975, the appellant committed the murder of Musi Dei (hereinafter described as 'the deceased') by stabbing her on her chest, has been based on circumstantial evidence.

(2.) It admits of no doubt that the deceased had died a homicidal death. The question is as to whether the appellant was the author of the crime.

(3.) It has been contended on behalf of the appellant that the circumstances had not been established and even assuming that they had been, they would not be sufficient to sustain the charge of murder.