TRINATH DHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Death Reference is made under Section 366 Cr.P.C. on the basis of an order of conviction and death sentence passed in C.T. No.32 of 2005 of the Court of learned Additional Sessions Judge, Malkangiri, which is also under challenge by the accused -appellant in Criminal Appeal No.296 of 2007. Mr. J. K. Panda, learned counsel appearing for the accused -appellant takes notice of the death reference and undertakes to participate in the hearing without filing a show cause as against the death sentence. Regard being had to the aforesaid submission and on consent of both the parties, both the appeal and the Death Reference are heard analogously and disposed of by this common judgment.

(2.) CASE of the prosecution in short is that accused committed matricide by killing his widow mother (the deceased), who declined to go to her office to collect the monthly salary on the ground of illness. The deceased said to be a daily labourer and the accused with his wife (P.W.1) were living together.

(3.) LEARNED Additional Sessions Judge quoting a passage from the case of Zahira Habibullah Sheikh and another v. State of Gujarat and others, (2006) 34 OCR (SC) 43 formed the opinion that the responsibility of the Court is to conduct a fair trial and not a mockery trial. Similarly, he took note of the ratio in the case of State of Goa v. Sanjaya Thakran and another, (2007) 37 OCR (SC) 25 about the manner in which circumstantial evidence is to be appreciated. Thereafter on the basis of evidence of I.O. and P.W.3, he found that the conduct of the accused in denying to the allegation in his examination under Section 313 I.P.C. is un -excusable. Apart from that, he relied on that evidence and found the accused guilty of the offence under Section 302 Cr.P.C. The offence of matricide, as found by the trial Court, is brutal in nature and accordingly capital punishment has been imposed.