MANUA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by the learned Addl. Sessions Judge, Bhanjanagar, Aska, Bhanjanagar in Sessions Case No. 23 of 1999/(10/99 ADJ -I), has preferred this appeal against the order of conviction and sentence.

(2.) THE deceased is wife of the Appellant. P.W.3, Santosh Kumar Gouda, lodged the F.I.R. before the Officer -in -Charge of Buguda Police Station on 7.5.1998 alleging therein that his sister, Sajani Gouda (deceased) wife of the Appellant died about 1.00 A.M. in the night of 6.5.1998 in her husband's house. He was informed about such death by the Appellant and when he saw the dead body, entertained a doubt and, accordingly, lodged the F.I.R.. Initially an U.D. Case was registered and inquiry was undertaken. In course of inquiry, it was found that the deceased died a homicidal death and, accordingly, investigation was taken up and charge -sheet was filed for commission of offence under Section 302 of the Indian Penal Code.

(3.) ADMITTEDLY , there is no eye witness to the occurrence and the case is based on circumstantial evidence. The trial court on analysis of the evidence found that the Appellant along with his deceased wife was living separately without having any connection with the parents before death of the deceased and that he has failed to prove the plea of alibi taken as defence. The trial court also found the information given by the Appellant to the relatives of the deceased regarding the reasons for death was found to be false and he being the only person present in the house in the night of occurrence, the burden of proof was on him to explain the circumstances under which the deceased died. On these findings, the Appellant was found guilty of the charge and was convicted thereunder.