STATE OF ORISSA Vs. PRAMOD KUMAR KODAM SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of Orissa High Court allowing the appeal filed by the thirteen respondents who faced trial for alleged commission of offence under Section 302 read with Sections 149, 148 and 326 of the Indian Penal Code, 1860 (in short the 'IPC') and Section 9 of the Indian Explosive Act, (for short 'the Act').

(2.) Respondent Nos. 1 and 2 were found guilty of offence punishable under Section 302 IPC. All the thirteen accused persons were sentenced to undergo imprisonment for life for the offence relatable to Section 302. Separate sentence was imposed for offences punishable under Sections 148, 326 IPC and Section 9 of the Act.

(3.) Detailed reference to the factual aspects is unnecessary. Primarily the prosecution version rested on dying declaration purported to have been made by the deceased and the evidence of the injured witnesses, that is, PWs. 6,7,8,9, 10 and 12. The High Court found that the evidence relating to dying declaration (Ex.4) is not acceptable as it cannot be said to be true and voluntary. So far as the evidence of the eye witnesses is concerned, the High Court discarded the same on the ground that they were similar in nature and it was to be discarded as there was party faction. Accordingly, the High Court directed acquittal.