DASARATHI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction recorded by the learned Sessions Judge, Koraput, Jeypore, against the appellant under section 302 of the Indian Penal Code holding him guilty of the charge of murder and sentencing him to undergo imprisonment for life by accepting the case of the prosecution that during the night of the 13th 14th April. 1981, the appellant, nursing a belief that he bad been wronged by the deceased by practising witchcraft, assaulted him to death by means of an axe, is based on the extra judicial confessions said to have been made by the appellant first before P.W. 3 with whom the appellant was said to be residing and later before the Ward Member in the presence of P.Ws. 4 and 5 and on the recoveries of the appellants clothes (M.Os. II and III) and an axe (M.O. 1) from the thatch of his fathers house said to have been made on the basis of his statements.

(2.) We have heard the learned counsel for both the sides. The order of conviction has been assailed as unfounded.

(3.) It is not disputed at the Bar that the deceased had died homicidal death. The question for consideration is as to whether the appellant was the author of the crime.