BUDHIA ALIAS BUDHADEV DALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal the sole appellant has challenged the conviction and sentence passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 28 of 1990 directing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code for commission of murder of one Sanatan Rout.

(2.) SKELETAL picture of the prosecution story as revealed during trial is that on 9.2.1990 the de facto complainant Rabindra Kumar Rout, the brother of one Sanatan Rout sent his brother to his father in law's house at village Sainkul at 3.00 P.M. to call him to their house for purchase of some utensils for the marriage of the sister in law of P.W. 1. In the same night while P.W. 1 was in his house one Alekha Jena, a co villagers came to him and informed that at 6.30. P.M. while he along with Anakar Ojha were proceeding towards the village Tarava saw his brother Sanatan at the out skirt or village Bareswar. But on returning towards his home from Tarava, he found the dead body of Sanatan lying in a mango grove of Bareswar village. Hearing this from Alekha, the de facto complainant P.W. 1 rushed to the spot along with few others and found his brother Sanatan lying dead on the spot. There was some stab injuries on his right side neck. His cycle was kept propping to a mango tree. His hand bag was also lying there and also a pair of leather chappal. A banion which did not belong to the deceased was lying there. Therefore a great suspicion lurked in his mind that it might be the appellant Budhia Dalai of village Sahanandapur who was the perpetrator of crime, out of previous grudge.

(3.) DURING investigation, certain articles were sent to the State F.S.L., Bhubaneswar. The appellant was arrested. His nail clippings were also sent to State F.S.L. for examination. A knife was Seized which had been sent to the State F.S. Laboratory.