KHAGESWAR DAS Vs. STATE

JUDGEMENT

(1.) In this appeal from Jail, Khageswar Das (hereinafter referred to as the 'accused') calls in question legality of judgment of conviction and sentence as passed by learned Addl. Sessions Judge, Bargarh.

(2.) Filtering out unnecessary details, prosecution version which led to trial of the case is essentially as follows : Mitu Das (hereinafter referred to as 'deceased') was wife of the accused. She was living with him in her matrimonial home at Joda. On 18-8-1998, the accused took her from Joda to Bargarh in a bicycle. On the way, he throttled her to death in an isolated place locally known as 'Chasianmauli Nala' at about 2 p.m. and flung the dead body into the Nala. By evening the local Sarpanch (P.W.4) found the dead body in the Nala and informed to the Bargarh Police Station. Investigation was undertaken and on completion thereof, charge-sheet was placed.

(3.) Nine witnesses were examined to further the prosecution version. The accused pleaded innocence. As there was no eye witness to the occurrence, prosecution relied upon certain circumstances to further its case. Circumstances were that the accused and deceased were seen together. Though P.W.2 pressed into service to be an eye witness, he resiled from the statement during investigation and pleaded ignorance about the occurrence. P.W.1 stated that on the date of occurrence he had seen the accused in the company of the deceased going towards the Nala by walk and the accused was holding a bicycle. He has stated about accused mercilessly assaulting deceased by a stick. P.W.2 identified the accused in a T.I.parade conducted by P.W.9 Judicial Magistrate, First Class, Bargarh. The fact that the accused and the deceased were seen together a short time before recovery of the dead body, gets established by evidence of P.Ws. 1 and 2 though the latter resiled from earlier statement made during investigation to have seen the actual assault. Circumstances were found to be sufficient by learned trial Judge.