CUTTACK: Twenty-two years after a trial court sentenced one Bhagaban Gouda to life imprisonment for murder, Orissa High Court has acquitted him of the charges on ‘benefit of doubt’.
In August 1997, the Court of Additional Sessions Judge had convicted Bhagaban for the murder of his mother and sentenced him to life imprisonment. The accused had assailed his conviction and challenged it in the High Court the same year pleading ‘false implication’.
The High Court had granted him bail on May 16, 2001. His criminal appeal had since languished till it was disposed of on Tuesday.
While allowing the appeal the division bench of Justice SK Mishra and Justice AK Mishra ruled: “On anatomical survey of evidence on record, the prosecution is found to have failed to prove the circumstances from which the conclusion of guilt of accused could be drawn. The chain is incomplete for which the accused is to be given benefit of doubt. The judgment assailed is not sustainable in the eye of law”.
On May 11, 1996, a body was found lying in village forest area at Barkolia under Jagannath Prasad Outpost. The body was identified to be that of Padma Gouda with whom Bhagaban had property dispute. After investigation Bhagaban was named accused in the murder of his mother and he faced trial. The trial court had convicted Bhagaban on the basis of circumstantial evidence.
While setting aside the trial court’s judgment the bench said: “It is difficult to bring harmony in truth from the complexity of incompatibility found in the evidence regarding time, place and arrival of police and proximity of time between the extra judicial confession and statement of accused in the custody leading to discovery of weapon of offence does not appear natural in the chain of events”.
“When falsehood is not ruled out in either one of the circumstances advanced by the prosecution, the hypothesis required to be tested cannot be said to have been established beyond reasonable doubt”, the bench ruled.
“In the result, the appeal is allowed. The conviction and sentence of appellant in the judgment on August 22, 1997 is hereby set aside. The appellant (Bhagaban Gouda) is held not guilty of the offence under Sec 302 of IPC and is acquitted”, the bench said in its November 5 order.
The latest communication received by the High Court from the Additional Sessions Judge, Berhampur had reported that he was in custody since August 30, 2019. Taking note of it the bench in its order said, “He be set at liberty if his detention is not required in any other case”.