JUDGMENT

P. Venkatarama Reddi, J.-S.L.P. (Crl.) 3971 of 1995

Leave granted.

2. Five persons including respondents 1 and 2 herein stood trial before the court of Sessions, Balasore, for intentionally causing the death of one Santosh Kumar Mohanty on the night of 14th March, 1988. The two respondents were charged and convicted under Section 302 IPC. They are the father and elder brother of the deceased who was serving in Indian army at Dehradun and who came to his native place to take his wife with him. The other accused are the second wife of the accused Babaji Charan Mohanty and his son and daughter. The wife of deceased by name Manjulata Mohanty figures as informant and PW1 in this case. She married the deceased about a year earlier.

3. The accused Nos. 3 to 5 who were charged under Section 302 read with 34 IPC were acquitted by the learned Sessions Judge. On appeal preferred by accused 1 and 2 (respondents herein), the High Court set aside the conviction and sentence and acquitted them of the charge of murder. The High Court did not consider it safe to rely on the evidence of PW1 - the wife of the deceased. Against this judgment of the High Court, the State of Orissa has preferred th