THE STATE Vs. DHARANIDHAR ALIAS LANDU MAHAKUD

JUDGEMENT

(1.) THE accused -Appellant Dharanidhar alias Landu Mahakud stands convicted under Section 302 , Indian Penal Code and sentenced to death by an order dated 22 -10 -1963 passed by the Sessions Judge, Ganjam -Boudh, in Sessions Case No. 7 of 1963 (B).

(2.) THE deceased Saraswati is the widow of the elder brother of the Appellant who belongs to village Nuapali in the district of Phulbani. Saraswati's husband died about four or five years prior to the date of occurrence leaving the deceased and two young daughters. P.W. 12 Chakra Mahakud, a younger cousin -brother of the husband of Saraswati was looking after the properties of Saraswati after her husband's death. In course of time Saraswati developed illicit intimacy with him and this gave rise to frequent quarrels between Saraswati the deceased, and the Appellant, a younger brother of her late husband. It appears that the Appellant wanted to marry Saraswati but the latter refused on the ground that she had two children and the Appellant also had his wife and children living with him. These circumstances are alleged to be, the motive for the murder.

(3.) THE plea of the accused was one of a denial. He also retracted the judicial confession made before a Magistrate (p.w. 1).