BISU MAJHI @ HANSDAH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.4.2010 passed by the learned Sessions Judge, Keonjhar in S.T. Case No.53 of 2009 convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') and sentencing him to undergo imprisonment for life.

(2.) CASE of the prosecution as revealed from the F.I.R. is that the deceased Rath @ Rathia Majhi @ Hasda and the appellant are related as brothers. In the night of occurrence, i.e. 17.8.2008 there was a quarrel between the deceased and appellant. In course of such quarrel, the appellant assaulted the deceased by means of a lathi, as a result of which, the deceased sustained severe head injury. On the basis of a report lodged by the wife of the deceased, Keonjhar Town Police Station Case was registered for commission of offence under Section 302 of IPC and investigation was taken up. On completion of investigation, charge sheet was submitted against the appellant for commission of offence under Section 302 of IPC.

(3.) LEARNED counsel for the appellant assailed the impugned judgment on the ground that the extra judicial confession being a weak piece of evidence, no conviction can be based on the extra judicial confession without corroboration from independent sources. According to the learned counsel for the appellant, there is no corroboration to the so -called extra judicial confession made before P.W.1 from any other source and, therefore, the impugned judgment convicting the appellant for commission of offence under Section 302 of IPC solely on the basis of the extra judicial confession made before P.W.1 is unsustainable. Learned counsel for the State, on the other hand, relied on the extra judicial confession and the medical report to support the findings of the learned trial Court.