STATE OF ORISSA Vs. CHINTAI REDDY AND ORS.

JUDGEMENT

(1.) THIS is an appeal against acquittal preferred by the State of Orissa.

(2.) FIVE accused persons were committed for trial. Accused No. 1 Chintai Reddy stood charged under Section 304. Part II, Indian Penal Code for having caused the death of his wife and all the five accused persons stood charged under Section 201, Indian Penal Code fur having caused disappearance of the evidence of murder by disposing of the dead body with the intention of screening the offender from legal punishment.

(3.) BY order No. 7 dated 4 -5 -1978 this Court dismissed the appeal so far as it relates to Respondents Nos. 1 to 4 as the notice of appeal could not be served on them and it was represented by the learned Counsel for the State that their whereabouts could not be ascertained despite all efforts. So the question that survives for consideration in this appeal is whether the acquittal of Respondent No. 5 Kesari Naga Reddy of the charge under Section 201, Indian Penal Code is justified.