JAGATA SINGH Vs. STATE

JUDGEMENT

(1.) In this appeal preferred by Jagta Singh (hereinafter referred to as 'the accused') from Jail, conviction for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'I.P.C.') and sentence of imprisonment for life, as awarded by the learned Sessions Judge, Mayurbhanj-Baripada, are under challenge.

(2.) Filtering out unnecessary details, prosecution case is as follows:-

(3.) In order to fasten guilt on the accused, prosecution examined eight witnesses. P.Ws 1 and 2 were stated to be eye-witnesses to the occurrence. Learned trial Judge applied the theory of last seen together to hold the accused guilty and convicted and sentenced as aforesaid. It is to be noted that though he entertained doubt about veracity of P. Ws. 1 and 2's evidence, he relied on it.