TUMULU KRISHNA RAO PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This specifics of the instant case pose both a traumatic as well as unresolved facets of criminal jurisprudence. The present criminal appeal is directed against the impugned judgment and order dtd. 17/3/2001 passed by the learned Additional Sessions Judge, Bhanjanagar-Aska, Bhanjanagar in Sessions Case No.48 of 1999 arising out of G.R. Case No.472 of 1998 of the Court of the learned S.D.J.M, Bhanjanagar. The present appellant has been convicted under Ss. 302 and 449 IPC and has been sentenced to undergo R.I. for life and to pay fine of Rs.5,000.00 in default to undergo R.I. for one-year u/s 302 IPC and to undergo R.I. for five years and to pay fine of Rs.500.00 in default to undergo R.I. for six months u/s 449 IPC.

(2.) Brief facts of the case are stated hereunder to appreciate the rival contentions urged on behalf of the parties:

(3.) Learned Counsel for the appellant submits that firstly there are no eye-witnesses of the alleged occurrence. The only eye- witness PW 3 turned hostile during cross-examination and did not support the prosecution case. Even though PW 6 and PW 7 claimed to be eye-witnesses of the occurrence, however, before the Court of the learned Additional Sessions Judge, PW 9 has completely denied their presence at the time of the incident. Additionally, PW 2, the informant himself is not supporting the prosecution case and has already disowned the FIR alleging coercion from the side of S.I. PW 2 has further reported that PWs.4, 6 and 7 were present at Police Station and at their instance, PW 9 forced him to lodge the FIR as dictated by the I.O. The appellant has already provided the reference of an alibi which has been corroborated by PW 2 and PW 3. Therefore, in the instant case there is absolutely no direct evidence against the appellant and the prosecution's case is completely based on circumstantial evidence. Further, there are no chain of circumstances linked to the crime vis a vis the present appellant. Many a aspect has not gone into the investigative thinking of the Investigating Officer in proper perspective except some presumptions with lesser potentialities.