JUDGEMENT

Behera, J.:- In the early hours of June 13, 1971, Biswanath Gouda (hereinafter referred to as the deceased) of village Saranpur in the district of Koraput was found lying dead in his house with a Chadar covering the dead body. The appellant Moti, who was the second wife of the deceased, had, it was alleged, along with Ratan Gouda, who was said to be her paramour, killed the deceased in furtherance of their common intention, during the preceding night, the appellant by means of a knife and Ratan by means of the blunt side of an axe and having first given out that the deceased died of gastric trouble, the appellant later made an extra-judicial confession before Tularam Naik (PW 2) and Raghunath Ganda (PW 3) to the effect that she and Ratan killed the deceased. On drawing up the first information report (Ext. 5), the Officer-in-charge (PW 8) of the police station at Papadahandi took up the investigation. As the investigation was not completed for a long time, the appellant and the co-accused, namely, Ratan Gouda, were discharged. In August, 1971, a charge-sheet was placed and the co-accused Ratan Gouda, on being produced on the strength of a warrant issued against him, was tr