KUNJA BEHARI SAHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant assails the order of his conviction under Section 302/201 of the Indian Penal Code, in Short, 'IPC and sentence of imprisonment for life passed by the learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in Sessions Case No. 59 of 1993 for committing murder of Padmabati Saha giving false information to police intending to screen himself from legal punishment.

(2.) THE prosecution story as narrated in the F.I.R. and in the trial Court's judgment is as follows:

(3.) THE prosecution placed 8 witnesses in the trial Court, out of whom P.W.7 has only claimed to be the eye -witness to the incident. Apart from the evidence of P.W.7, the prosecution has relied upon the dying declaration alleged to have been made by the deceased to P.W.5 and also the blood stained clothes and the knife alleged to have been seized at the instance of the Appellant The trial Court, on appraisal of the evidence recorded the order of conviction holding the Appellant guilty for committing the offence of murder of Padmabati and giving false information to police in order to screen himself from legal punishment.