SADA BENTAKAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this JCRLA, the convict/ Appellant (Sada Bentakar) challenges the judgment of conviction and order of sentence dtd. 4/10/2008 passed by the learned Sessions Judge, Keonjhar in Sessions Trial Case No.65 of 2008, whereby the Petitioner was convicted and sentenced to undergo imprisonment for life for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity).

(2.) Mr. C.R. Sahu, Learned Counsel for the Appellant strenuously argued that the deceased died after a certain gap due to the injuries inflicted on him. Hence, the dying declaration could have been obtained by the prosecuting agencies which they have miserably failed to record. The said document could have established the truth in the right direction. He further submitted that the accused/ Appellant himself was injured; however, he has not taken the plea of private defence .

(3.) He further submitted that the eyewitness P.W.2-Peer Bentakar is the wife of cousin of the deceased. The evidence advanced by P.W.2 cannot be taken as a gospel truth in order to establish the complicity of the present Appellant.