STATE OF ORISSA Vs. CHHABI JHODIA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 12th September, 1996, passed by the learned Sessions Judge, Koraput, in Sessions Case No.276 of 1995 is assailed by the State of Orissa in this appeal. The respondent faced trial for commission of offence under Section 302 I.P.C. It is alleged that he intentionally committed murder of one Damuni Jhadiani.

(2.) THE gist of the prosecution case as would be evident from the F.I.R. lodged by the son of deceased is that one Jaya Jhodia of Bhaliaguda village picked up quarrel with him on the allegation that his mother was practising sorcery on 19.4.1995. Few days thereafter one Kesab Jhodia of Bhaliaguda village requested his mother to go to his house and treat his son. At his request his mother went with Kesab. Later on, he came to know that Jay Jhodia also called her to his house. On the said day, she did not return home. On the next, her dead body was found floating inside Bitument Pit. On coming to know about the said fact, an F.I.R. was lodged at Rayagada Police Station on 27th April 1995. On the basis of such F.I.R., G.R. Case No.130 of 1995 was registered in the Court of learned S.D.J.M., Rayagada. After completion of investigation, charge -sheet was submitted and thereafter the case was committed to the Court of Sessions Judge, Rayagada for trial.

(3.) BEING the final Court of both the fact and law, this Court once again went through the evidence, P.W.1 though initially gave the statement before the police under Section 161 Cr.P.C. supporting the case of prosecution he turned hostile and stated that he did not know as to how the lady died. Perusal of the evidence of other witness also revealed that they have not stated anything implicating the accused with the alleged crime. P.W.7 the doctor, who conducted the Post -Mortem examination clearly stated that the body was found in a putrefaction stage and on examination, no external injuries could be detected. He fairly admitted that he could not ascertain the cause of death due to decomposition of the body. Thus it appears that the prosecution totally failed to establish that the death of Damuni Jhadiani was homicidal in nature. After going through the evidence of P.W.7 and other witnesses, this Court finds that the Sessions Judge, Rayagada, has not committed any illegality or irregularity. The entire evidence both oral and documentary adduced by the prosecution do not establish the guilt of the accused. The order of Sessions Judge is not only just and proper but also is based on proper analysis of the investigation. After going through the entire order and after pursuing the evidence, this Court is not inclined to interfere with the order of acquittal, that too after fourteen years. The Government Appeal accordingly stands dismissed.