BINJE MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant stands convicted under section 302 of the Indian Penal Code (for short, the Code) for having committed the murder of his brother Mcdi Majhi (to be described hereinafter as the deceased) during the night of March 7, 1981, at Sudeipadar in the district of Koraput and sentenced to undergo imprisonment for life. The order of conviction has been based mainly on the evidence of P.Ws. 1, 3 and 4 regarding the extra judicial confessions made by the appellant before them, the recovery of an axe (M 0. I), the weapon of attack, carried by the appellant during the night of occurrence when he went, work up P.W. 1 and informed him that he had killed his brother, which, on chemical test, contained blood and the recovery of his wearing cloth (M.0. II) from his person, which, on chemical and serological test, was found to contain human blood, coupled with the evidence of the doctor (P.W. 2) who had conducted the autopsy.

(2.) Appearing on behalf of the appellant, Mr. K.C. Mohanty has contended that the evidence relating to the extra judicial confession is not clear and acceptable and the other circumstances would not establish the charge against the appellant.

(3.) It admits of no doubt from the evidence of P.W. 2 that the deceased had died a homicidal death.