PRAFULLA KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 20.12.2004, passed by the Addl. Sessions Judge, Sambalpur, in S.T. Case No. 56/19 of 1998, holding the accused -Appellant guilty of offence under Sections 302 IPC and convicting him thereunder.

(2.) THE case of the prosecution, in brief, is that the accused, who is a resident of Patapur in the district of Puri brought his wife and two years old child to Sambalpur and stayed in the Transport Lodge. After staying there he approached P.W.3, who is a tea stall owner at Government bus stand and represented him that he is working as a driver in a private bus and requested him to arrange a rented house to enable him to live with his family. P.W.3 took the accused to the land lady (P.W.1), who rented out a portion of her house situated at Modipara in Sambalpur, which was lying vacant. P.W.1 accepted advance from the accused and allowed him to occupy the rented house on Puajuintia day, i.e. 23.09.1997. The accused along with the child left the said rented house on 29.09.1997 by locking the door of the house. When it was not opened till the next day (30.09.1997) and when the neighbours found the gap under the entrance door was unusually packed with clothes, they had suspicion and informed the matter to the land lady (P.W.1) and the land lord (P.W.2), who came to the spot and on lifting the cloth, they peeped through the gap under the door and found a person was lying on the floor on a mat and the body of the person was covered by some clothing. The land lord (P.W.2) suspecting foul play, lodged the FIR (Ext.1) after getting it scribed through the tea stall owner (P.W.3) and presented the same at the Sambalpur Police Station.

(3.) THE accused while admitting that the deceased Sarojini was his wife, he took the plea of complete denial and that he was away at Calcutta in connection with his business at the relevant time and after reaching home, his father informed him that the police was searching for him.