SUSIL KUMAR MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 11. 8. 2004 passed by the learned Additional Sessions Judge, Bargarh in S. T. Case No. 188/21 of 1997 convicting the accused appellant under Section 302 of i. P. C. and sentencing him thereunder to undergo imprisonment for life.

(2.) THE prosecution case in nub is that there was love affair between the accused -appellant and the deceased, Nalini Muguri. The parents of the accused-appellant, particularly his father, accused Narayan was not approving the same. Fifteen days prior to the death of Nalini, he had threatened her to do away with her life, if at all she continued relationship with the accused-appellant. On the date of occurrence, i. e. , on 8. 12. 1996, at about 10. 30 a. m. , co-accused, bhimadhar Sikha, the field servant of the accused-appellant took the deceased from her house stating that she was being called by the accused-appellant. The deceased did not return thereafter. On the report of PW1, father of the deceased, Padampur P. S. Case no. 84 dated 8. 12. 1996 was registered. The case was investigated into and after completion of investigation charge-sheet was submitted against six accused including the accused-appellant. After the case was committed to the Court of Session, it was transferred to Additional sessions Judge, Bargarh for trial. Accordingly, the Additional sessions Judge conducted the trial. Accused-appellant susil Kumar Meher faced trial for the offence under Sections 302/364 of I. P. C. Co-accused, Narayan Meher, Laba meher, Lalchandra Meher, Chhelia Deep and Bhimadhar Sikha for the offence under sections 201/34 of I. P. C. and accused Bhimbadhar sikha further faced trial under Section 364/34 of IPC. The plea of the accused persons including the accused-appellant was complete denial. However, the accused-appellant admitted that he had love affair with the deceased.

(3.) IN order to establish its case, prosecution examined 17 witnesses as against none by the defence, after assessing the evidence on record and convicting the accused-appellant the Trial Court acquitted all other accused persons of all the charges. While acquitting the accused appellant of the charge under Section 364 of I. P. C. the Trial Court convicted him for the offence under section 302 of I. P. C. and sentenced him thereunder as stated earlier. Being dissatisfied with the said order of conviction and sentence, accused-appellant has preferred the present appeal.