SIBA BAGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment dated 14.07.2000 passed by the Additional Sessions Judge, Jeypore in Sessions Case No.46 of 1998 convicting both the appellants under Section 302/34 I.P.C. and sentencing them to undergo imprisonment for life.

(2.) THE case of the prosecution as unfolded during trial is that on 11.4.1997 at about 8:30 PM, the O.I.C. of Laxmipur Police Station (P.W.10) got information that an unidentified dead body of a male person was lying in the middle of the road near village Minapali. He entered the said information in the Station Diary and directed the police constable (P.W.8) and the Grama Rakhi to guard the dead body in the night hour. On the next morning at about 7:00 AM, son of the deceased (P.W.4) presented a written report (Ext.6) before P.W.10 at the spot to the effect that the dead body belonged to his father. P.W.10 made endorsement on Ext.6, sent the same to the police station for registration of the case and took up investigation. During the course of investigation on 17.04.1997, P.W.10 examined one Bhagirathi Khosla (P.W.1), who claimed to be a witness to the occurrence. On the basis of the disclosure made by P.W.1, the I.O. arrested the appellants on 18.04.1997. While in custody the appellants confessed their guilt and made disclosure statement, which was recorded under Section 27 of the Indian Evidence Act. They also led the police to the place of concealment and gave recovery of the weapon of offence, i.e., a stone, which was seized in presence of the witnesses. On 10.06.1997, P.W.10 handed over the charge of investigation to P.W.9, who on completion of the investigation filed charge sheet against the appellants under Sections 302/201/34, IPC.

(3.) DURING trial, the appellants took the plea of denial and false implication due to prior enmity.