KANSA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed after obtaining leave from this Court by the appellant against his conviction under Section 302 and sentence of imprisonment for life awarded by Sessions Judge, Mayurbhanj, Kenjhar, Baripada by his order dated 8th December 1973 and maintained by High Court of Orissa by its judgment dated 9th March, 1976.

(2.) The prosecution case in short was that the deceased Bhatal Majhi had some land dispute with Jitrai Majhi and his brothers. It is alleged that Jitrai Majhi did away with the deceased through the instrumentality of the present appellant. The incident is alleged to be at the night intervening between 13th and 14th December 1968. Bhatal Majhi was found dead in the morning of 14th December, 1968 by the road-side near a weekly market known as Joka Hata with his throat cut. Bishnu Majhi the brother-in-law of the deceased P.W. 1 identified the dead body and lodged the information to Bangriposi Police Station the same day Ext. 3. The assailant was reported to be unknown.

(3.) P.W. 10, the Second Officer attached to the said Police Station investigated into the case, held an inquest, despatched the dead-body for post-mortem examination seized certain incriminating articles and finally arrested the appellant on 15-12-68 at 11 a.m. The same day 3 a.m. he arrested accused Jitrai Majhi. The weapon of offence a razor M.O. IV was produced by accused Jitrai Majhi which was seized under Ext. 5. Investigating Officer, P.W. 10 forwarded both the accused Jitrai Majhi and Kansa Behera, present appellant, in custody to Court, the appellant escaped as the lock up was defective, and he could not be traced. Finally a charge-sheet was submitted against both Jitrai and Kansa indicating the appellant as absconder. Jitrai was discharged by the Sub Divisional Magistrate, Baripada vide his order dated 27-2-1970 for want of prima facie case as against him. So the case as against him needs no consideration. Later, after the apprehension of the appellant on 22-8-72, he was committed to the Court of Session on 28-6-1973.