STATE OF ORISSA Vs. CHINTAI REDDY AND ORS.
HIGH COURT OF ORISSA
STATE OF ORISSA
Chintai Reddy And Ors.
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P.K.Mohanti, J. -
(1.) THIS is an appeal against acquittal preferred by the State of Orissa.
(2.) FIVE accused persons were committed for trial. Accused No. 1 Chintai Reddy stood charged under Section 304. Part II, Indian Penal Code for having caused the death of his wife and all the five accused persons stood charged under Section 201, Indian Penal Code fur having caused disappearance of the evidence of murder by disposing of the dead body with the intention of screening the offender from legal punishment. The accused persons denied the charges and contended that the death of the deceased was not homicidal but natural. Prosecution examined 10 witnesses out of whom p. ws. 1 and 9 were said to be eye -witnesses to the occurrence. The trial Court disbelieved the prosecution case and accepted the defence plea that the death of the deceased was a natural one. It also came to hold that p. ws. 1, 8 and 9 had given false evidence for procuring a conviction of the accused persons. Accordingly, all the accused persons were acquitted of the charges framed against them. Aggrieved by the order of acquittal, the State of Orissa came up in appeal.
(3.) BY order No. 7 dated 4 -5 -1978 this Court dismissed the appeal so far as it relates to Respondents Nos. 1 to 4 as the notice of appeal could not be served on them and it was represented by the learned Counsel for the State that their whereabouts could not be ascertained despite all efforts. So the question that survives for consideration in this appeal is whether the acquittal of Respondent No. 5 Kesari Naga Reddy of the charge under Section 201, Indian Penal Code is justified.;
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