DHARANI PRADHAN Vs. STATE

JUDGEMENT

(1.) In this appeal appellant Dharani Pradan (hereinafter referred to as 'the accused') calls in question legality of his conviction and imposition of sentence for offences punishable under Ss. 302 and 201, Indian Penal Code (in short 'IPC'). Learned Additional Sessions Judge, Sambalpur found him guilty and sentenced to undergo imprisonment for life for the offence punishable under S. 302, IPC and one year for the other offence.

(2.) Accused faced trial for allegedly having committed murder of one Kuntala Pradhan (hereinafter referred to as 'the deceased'), who happened to be sister of the accused. Law was set into motion by Sankar Behera (P.W. 1) who filed the First Information Report (Ext. 1) inter alia indicating that Madan Chhatria found dead body of the deceased at an isolated spot. On hearing this several persons ran to the spot, and FIR was lodged on 29-10-1990 at about 6 p. m. Investigation was handed over to the Circle Inspector by the Sub-Inspector of Police who had initially investigated into the case. Circle Inspector of Police re-examined the witnesses, arrested the accused, who confessed to have committed the murder of his sister, and to have concealed the weapon of assault near a bushy jungle. He lead the police officials who seized the weapon of assault. Accused confessed to have committed the murder before Bibhuti Bhusan Dhal (P.W. 4), Bijaya Kumar Naik (P.W. 5) and Mohini Mohan Sahu (P.W. 7).

(3.) In order to establish its accusation, prosecution examined 20 witnesses. Accused denied the allegations and pleaded innocence.