BIBHACHHA ALIAS BIBACHHA BAITHARU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal by the convict in a case under section 302 IPC sentencing him to undergo life imprisonment.

(2.) Prosecution case, bereft of unnecessary details is that on 16-11-1989 at about 8 P.M. while Damodar Patel, P.W. 1 had gone to attend the call of nature near river Hati, he found one dead body lying on the sandy bed of the river. The dead body was without any wearing apparel except one chadi. Pant and Shirt were lying at a distance from the dead body. One motor cycle bearing Regn. No. (sic) 2488 was kept by the side of the pillar of the bridge. Damodar Patel, P.W. 1 came to village Katpadi and told the incident to Madhu Naik, Ward Member of the village. P.W. 1 along with Madhu Naik, came to the police station at Jaipatna and orally reported the incident in the Police Station. P.W. 21, the Investigating Officer on the report registered M.D. Case No. 9 of 1989 in absence of the Officer-In-Charge of the Police Station. The Investigating Officer while conducting the enquiry found bleading injury on the right side of the neck of the deceased lying in the river bed of Hati river. The Investigating Officer suspected it to be a homicidal death. He held inquest over the dead body on 16-11-89 at 4 P.M. at the spot and drew up a plain paper FIR Ext. 17. The dead body was sent to postmortem examination. The dead body was identified to be of Pramod Kumar Padhi. On completion of the investigation, charge-sheet was submitted against the accused-appellant.

(3.) The plea of the defence was complete denial. It was the stand of the accused that he was staying at a place called Mukhiguda along with one Dinabandhu Barik in quarter No. F/89 in Sector 2 and was taking up contract work with the licence of one Sarat Chandra Das.