PRASANNA RAJPALIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT challenges the order of conviction under Section 302, I.P.C. and sentence of imprisonment for life imposed on him by learned Addl. Sessions Judge, Titilagarh in Sessions Case No. 4/5 of 1996, arising out of G.R. Case No. 190 of 1995 of the Court of S.D.J.M., Titilagarh.

(2.) FACT leading to the trial is that:

(3.) IN course of trial, P.Ws. 4 and 5 in their examination -in -chief did not support the prosecution as eye -witnesses to the occurrence though each of them stated that they saw the accused running away and he was being chased and that the deceased was lying dead in front of the cow -shed of P.W.7. In that context, the previous statement of P.Ws. 5 and 7 under Section 164, Code of Criminal Procedure was confronted to them, though P.W. 5 admitted to have made the statement, Ext. 7, but in course of cross -examination it was suggested by the defence that Magistrate recorded his statement in presence of the A.S.I, of Police, Tikrapada who was then outside the Court room. P.W. 7, on the other hand, made statement in the trial Court stating that his version in the examination -in -chief before the trial Court was out of fear of the Sarpanch, though he was an eye -witnesses to the occurrence and that such fact was stated by him correctly and truthfully in his statement. Ext.8 recorded by the Magistrate.