BISHIKESHAN NAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant stands convicted under Section 302, IPC and sentenced to imprisonment for life. He has also been convicted underSection 394, IPC and sentenced to undergo R.I. for ten years. The sentences are to run concurrently.

(2.) THE prosecution case as emerged from the evidence on record is as follows : Prasanna Kumar Mishra (hereinafter referred to as 'deceased') at the material time was working as Sub Divisional Officer, Lift Irrigation, Loisingha. The appellant was working as a cook in his house. In the intervening night of 23rd and 24th of March, 1991 the appellant committed murder of the deceased by assaulting him with an iron pestle. Valuables like gold and silver ornaments and cash of about Rs. 80,000/ were missing from the house of the deceased which were recovered later from the house of the appellant's sister. The appellant himself led to recovery of the weapon of offence (iron pestle).

(3.) IN order to bring home the charge; the prosecution examined 16 witnesses. There is no eye witness to the occurrence. The learned Sessions Judge held that the appellant committed the murder for the sole purpose to rob him of his cash and ornaments. The finding of guilt has been recorded on the basis of the circumstantial evidence. They are as follows :