CHENU KHORE Vs. STATE OF ORISSA

JUDGEMENT

(1.) For his conviction under section 302 of the Indian Penal Code (for short, the Code), the appellant has been sentenced to undergo imprisonment for life by the Court of Sessions which has accepted the case of the prosecution that on December 22, 1981 at about 5 p m. after a quarrel between Madan (to be described hereinafter as Tthe deceased) on the one hand and the appellant and his brother Budura (P.W. 1) on the other regarding the damage to the vegetable plants of the deceased by the cattle of P.W. 1, the appellant dealt blows on the person of the deceased by means of an axe (M.O.1) and killed him. The prosecution had mainly relied on the evidence of P.Ws. 1 and 3 who had figured as witnesses to the occurrence and that of P.Ws. 7 and 8 who had testified about an extrajudicial confession made by the appellant at a meeting of the Panchayat on the day following. The trial court did not accept the evidence of P. W. 3 for the reasons stated in its judgment. It has accepted the evidence of P.W. 1 and that of P.Ws.7 and 8 and has held the appellant guilty of the charge of murder.

(2.) It has been urged on behalf of the appellant that the evidence of P.Ws. 7 and 8 would itself show that the statement allegedly made by the appellant at the meeting of the Panchayat would not amount to a confession and that the evidence of P.W. 1, besides being inherently incredible and interested, has not found assurance from any other evidence and therefore, should not be made the basis of an order of conviction. We have heard the learned Additional Government Advocate on the questions raised on behalf of the appellant.

(3.) The deceased had died a homicidal death. Of this, there is no dispute.