JHADESWAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has assailed the order dated 21.11.1994 -passed by the learned Sessions Judge. Keonjhar in Sessions Trial No. 30 of 1992 convicting the Appellant under Section 302 of the Indian Penal Code, in short 'IPC and sentencing him to undergo imprisonment for life.

(2.) THE skeletal picture of the prosecution story as unravelled during the trial is as follows:

(3.) 'Learned State Defence Counsel advanced an argument that the trial Court should not have relied on the evidence recorded during investigation under Section 161, Code of Criminal Procedure particularly when such recording was mostly resiled by P.W.1 in course of evidence. On careful examination of the evidence, we found that the said P.W.1 did not support the prosecution. If her statement is left out from consideration, there has been no credible evidence placed by the prosecution to connect the Appellant with the crime. The prosecution has not established that the garments which were seized from the house of the Appellant belong to the Appellant. The circumstances under which those were seized is not known. It is not understood as to how the learned Sessions Judge came to the conclusion that the prosecution has been able to being home the charge to the Appellant.