JUDGMENT

Dr. D.P. CHOUDHURY, J. - This is a Government Appeal filed by the State against the order of acquittal passed by learned Additional Sessions Judge, Titilagarh in S.C. No. 35(B)/9 of 1999. We have heard Ms. Sabitri Rath, learned Additional Government Advocate. Even if none appears for the respondent, after hearing argument from the State and perusal of L.C.R., we dispose of herein this Appeal today.

2.The backdrop of the case of the prosecution is that accused Baikuntha Putel is the only son of deceased Jugeswar Putel. The other accused Basanta Putel is the son of accused Baikuntha Putel. It is alleged inter alia by the prosecution that there was strained relationship between the parties prior to the occurrence, for which deceased had filed a maintenance case against the present accused Baikuntha Putel and the said accused was directed to pay maintenance allowance. The deceased was compelled to live on beggary and taking shelter in the temple. It is further alleged that on the occurrence night the accused persons committed murder of the deceased and put his dead body in a gunny bag and threw the same to a village pond. When the dead body was floated in the water, the same wa