BANMALI SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal under the provisions of S. 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 the appellant has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life. The occurrence took place as far back as on 25-11-1948. The accused was absconding. Some evidence was recorded under S. 512 of the Criminal Procedure Code and that evidence was inadmissible as the witnesses could not be cross-examined. The accused was arrested sometimes in 1966 that is to say 15 years after the occurrence. The prosecution case was that during the course of a scuffle, the accused caused stab injuries to the deceased as a result of which he died. The High Court appears to have mainly relied on the statement of the accused for having come to the conclusion that he must have caused stab injuries to the deceased which resulted in his death. We have gone through the statement of the accused under S. 342 and are of the opinion that the High Court misread the statement of the accused on that point. In question No. 2, the answer of the accused was as follows:-