JAYA SANKAR MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the order of conviction of the Appellant under Sec. 302 of the Indian Penal Code (for short, "Indian Penal Code") and sentence of imprisonment for life passed by the learned Sessions Judge, Bhawanipatna, in S.C. No. 41 of 1991 has been called in question.

(2.) The brevity of the prosecution story, as unraveled in course of trial is as follows:

(3.) In order to bring home the charge to the Appellant, prosecution had examined as many as twenty witnesses. P.W.1 was the informant and the husband of the deceased. P. Ws. 2 and 3 had claimed to be eye -witnesses to the occurrence. P. Ws. 6, 7, 10 and 16 were the witnesses to the seizure, P. Ws. 9 and 14 were the witnesses to the inquest, P.W. 15 was a witness to the recovery of M.O.I., P.W. 5 was the wife of the Appellant, P.W. 4 was the doctor who held post -mortem examination over the dead body. P.W. 19 was the Constable who escorted the dead body for post -mortem examination, and P. Ws. 17, 18 and 20 were the investigating officers. It may be stated that some of the prosecution witnesses, namely, P. Ws. 11, 12, 13 and 16 did not support the prosecution case and were declared hostile. The learned Sessions Judge, after closely scrutinising the evidence placed before him, was inclined to record an order of conviction against the Appellant.