STATE OF ORISSA Vs. SUKRU MAJHI

JUDGEMENT

(1.) THE proceeding for confirmation of death sentence and the Jail Criminal Appeal having arisen out of the judgment of conviction and order of sentence dated 14.05.2013 and 15.05.2013 respectively passed by the learned Sessions Judge, Nabarangpur in C.T. Case No. 74 of 2011 have been heard together and are therefore disposed of by this common judgment. The prosecution case is the followings:

(2.) MR . Zafarulla, learned Additional Standing Counsel placing before us the depositions of the eye witnesses P.Ws. 1, 2, 3, 4 and 13, submits that the prosecution case has been well established beyond reasonable doubt. According to him the finding of guilt based upon the evidence of all these witnesses, can not be found fault with. In addition to that, he having further drawn our attention to the evidence of P.Ws. 5 to 7 and 19, the seizure witnesses; P.Ws. 8, 11 and 12, the post occurrence witnesses; and P.W. 18, the wife of the accused, injured in the incident urges that their evidence have gone unshaken and those provide ample support and corroboration in all material particulars to the evidence of eye witnesses. So when there is no dispute that all those four persons named above met homicidal death which has also been well proved through the evidence of P.Ws. 14, 15, 16 and 17 as well as P.W. 20, the judgment of conviction calls for no interference and the criminal appeal on that score thus merits no acceptance.

(3.) ON such rival submissions, it is felt apposite to first proceed to consider as to whether the accused has faced a fair trial or not, with proper opportunity to defend himself. Before coming to the facts and circumstances of this case on above aspect, it is profitable to place few decisions of Hon'ble Apex Court as to the fair trial, what it means and the role of all concerned therein.