CHINTAMANI NAHAK ALIAS NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction under section 302 of the Indian Penal Code with the sentence to undergo imprisonment for life has been recorded by the trial court against the appellant on the basis of the evidence of a solitary eye-witness (P.W. 2) coupled with the act of absconding by the appellant soon after the occurrence, after accepting the case of the prosecution that the appellant, having borne a grudge against Hadu Nabak (to be described hereinafter as the deceased) suspecting that he had played witch-craft and had killed his two ailing sons, .killed the deceased in the early hours of November 28, 1978, at village Karapada in the district of Ganjam by stabbing him by means of a Kali while the deceased was coming out of the tea shop of Indramani Raul (P.W. 3) near that of P.W. 2 and then took to his heels and absconded until December 16. 1978, before his surrender and arrest at the Chatrapur Police Station on that day.

(2.) The finding that the deceased died a homicidal death has not been assailed. While Mr. Bohidar has urged on behalf of the appellant that no order of conviction could be based on the highly interested and untrustworthy evidence of P.W. 2 which had not been corroborated with regard to the complicity of the appellant and in the absence of other evidence pointing to his guilt, the allegation of absconding, even if accepted although it should not have been, would not lead to the conclusion of a guilty mind. Mr. Indrajit Ray, the learned Additional Government Advocate, has pressed for acceptance of the evidence of P.W. 2 as had been done by the court of trial as it is worthy of credence. He has, however, submitted that if the evidence of P.W. 2 is not accepted by this Court, the fact of absconding is of no consequence.

(3.) The fact of absconding of an accused person, by itself, would not lead to the proof of commission of a crime. Absconding, by itself, would not lead to a conclusion of a guilty mind. Even an innocent person may feel panicky and run away to avoid arrest when falsely suspected of a grave crime. Such is the instinct of self-preservation.