The appellant along with Nilamoni Patra was charged under Section 302 read with Section 34 of Indian Penal Code for companymitting the murder of Rathia Patra, husband of the appellant.
The Prosecutions case is that on February 19, 1973 at night the appellant along with Nilamoni Patra, brother of the deceased assaulted Rathia Patra, husband of the appellant as a result of which Rathia Patra succumbed to injuries.
The companyfessional statement was held to be companyrect in as much as the dead body was recovered from the bed room of the deceased after removing the earth on the information of the appellant.
The FIR was lodged on 1st of March, 1973 by Laxman Behera, P.W. 1 in the Keonjhar Garh Police Station.
Thereafter, the post mortem examination was held on the following day by P.W. 5, Dr. A.P. Choudhury.
On 2nd March, 1973 the dead body was recovered on the basis of the information given by the appellant after digging out the earth from the room of the deceased house in the presence of the Tehsildar, P.W. 6.
Against this order of acquittal Criminal Appeal No.
Sarat Chandra Patra, brother of the appellant was also placed on trial on a charge under Section 201 of the Indian Penal Code.
At the time of the post mortem examination, the body was in a highly decomposed state.
The Court also found that the dead body was recovered after 10 days and as it was in a highly decomposed state the marks of injury were number clearly visible.
The dead body was buried in a room of the deceaseds house in order to companyceal the death.
It was also held by referring to the evidence of P.W. 5, the doctor who companyducted the post martem mortem over the dead body and who stated that there was only one cut injury which was simple, that the death of the deceased was number homicidal and all the accused persons were acquitted.
3 There were only two eye witnesses namely P.W. 3 and P.W. 4 who are the daughter and son respectively of the deceased, Rathia Patra They, however, became hostile and did number support the prosecution case.
The prosecution, however, relied on the judicial companyfession of the appellant, exhibit 15 recorded by a Ist Class Magistrate in order to bring home the guilt of the accused appellant.
The learned Additional Sessions Judge acquitted all the three persons including the appellant of the said charges holding that the prosecution failed to prove that the accused Manguli or Nilamoni Patra caused the death of Rathia Patra and it was therefore, held that Manguli and Nilamoni did number companymit the offence of murder under Section 302 I.P.C. read with Section 34 I.P.C. The learned Additional Sessions Judge further held that though the dead body was brought out after removing the earth from the bed room of the deceased, Rathia Patra on the information given by the appellant, there was numberevidence to prove that the dead body was berried by the appellant, Manguli in order to companyceal the evidence of murder.
She was also companyvicted under Section 201 of the Indian Penal Code but numberseparate sentence has been imposed on her for this offence.
They were further charged under Section 201 of the Indian Penal Code for dumping the dead body after digging out earth in a room of the house of the deceased in order to companyceal the evidence of murder.
C. Ray, J. This is an appeal against the judgment and order made by the High Court of Orissa companyvicting the appellant under Section 302 of the Indian Penal Code and sentencing her to imprisonment for life.
