BISU ALIAS BISWANATH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant assails the conviction and sentence passed MOO the learned 2nd Additional Sessions Judge. Berhampur in S.C. No. 16 1 /S.C. No. 58/2001-G.D.C. under section 302 of the Indian Penal Code (hereinafter referred to as '1.P.C.') for having committed murder of deceased-K. Raghunath.

(2.) Case of the prosecution, in short, is that on 4.6.2000 night, as usual. K. Raghunath after taking his dinner went to his padar land to sleep in a thatched Kudia constructed thereon. On 5.6.2000 morning K. Raghunath was found lying dead on that piece of land. Villagers assembled at the spot including the son and son-in-law of the deceased. They suspected the accused-appellant to have committed the murder as he had prior enmity with the deceased. Thereafter, some of the villagers proceeded to the house of accused -appellant and found him to have concealed himself in the upper berth of his house. On being questioned, the accused-appellant allegedly made confession before the villagers to have murdered K. Raghunath on the previous night. The accused-appellant was brought to the place of occurrence, where the deceased was lying dead. Thereafter, police arrived at the spot and the accused-appellant was handed over to the police. Son-in-law of the deceased reported before the O.I.C., Chamakhandi Police Station, who was camping at Arjipalli Out-Post at the relevant time. His report was treated as a F.I.R. and investigation was taken up. Upon completion of investigation, charge-sheet was submitted against the accused-appellant for the alleged offence under section 302, I.P.C. The defence took a plea of simple denial.

(3.) In order to prove its case, the prosecution examined twelve witnesses. P.W. 5-D. Durjodhan Rao is the informant in this case. P.W. 1-D. Lawaraju, P.W. 6-K. Jagannatha. P.W. 7-D. Cheneya, P.W. 8-D. Parbati and P.W. 9-S. Simadri alongwith P.W. 5-the informant speak about the alleged extra judicial confession made by the accused-appellant before them, on the basis of which, conviction has been recorded. Rest of the witnesses are either formal or official witnesses. The defence has not examined any witness on its behalf. Taking into consideration the materials available on record, primarily the extra judicial confession allegedl made by the accused-appellant and the fact of recovery of weapon of offence i.e., one Kati from the 'bars' of the house of the accused-appellant, learned 2nd Additional Sessions Judge, Berhampur has proceeded to record conviction under section 302 of I.P.C. and sentenced the accused-appellant to undergo imprisonment for life.