SADHU PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has assailed his conviction under Section 302 of the Indian Penal Court (hereinafter referred to as "I.P.C." in brevity) and sentenced to undergo imprisonment for life in judgment dated 31.08.1999 passed by learned 2nd Additional Sessions Judge, Berhampur in S.C. No. 22 of 1998.

(2.) Narrated in nutshell, the prosecution case is that on 25.10.1997 at about 3.00 P.M. deceased Dhobuni Khatua had gone to inspect her paddy field in her village Kantapada. She did not return till 5.00P.M. On being asked by nieces, informant Bhrama Khatua (P.W.5) went to search and found the cadaver of the deceased floating in the Nala. He brought out the dead body and laid on the ridge of the tank and found the missing of the gold ornaments from the neck and ear. He suspected that somebody might have taken away the ornaments after committing murder. At 9.30 P.M. he lodged F.I.R. before the A.S.I., Beguniapada Out Post, which was entered vide Station Diary No.386. The said report was registered under section 302/379 of the I.P.C. at Kodola P.S. at 10.00 P.M. vide Kodola P.S. Case No. 141 of 197.

(3.) Prosecution has examined thirteen witnesses whereas defence examined none. P.W.4 is a witness, who had seen the accused in and around the spot prior to the occurrence. P.Ws. 1 and 2, two child witnesses, had seen the occurrence of accused putting the deceased into the Nala. P.W.5 informant is the husband's brother of the deceased. P.W.6 is the daughter of deceased but has not implicated the accused. P.W.8 is the husband of deceased, who was not present in the village on the date of occurrence. P.W.9 is the scribe of F.I.R. P.W.7 is the co-villager, who accompanied the informant and had recovered the dead body. P.W.3 is the constable who took the dead body for postmortem. P.W.10 is the witness to seizure and zimanama. P.W.11 is the doctor, who conducted postmortem. P.W.12 is the I.O. P.W.13 is the Judicial Magistrate, who conducted Test Identification Parade (hereinafter referred to as "T.I. Parade" in short) in respect of the accused on 12.12.1997. Fifteen documents were exhibited including the F.I.R., P.M. report, spot map, seizure list, T.I.Parade report and statements of three witnesses under Section 164 Cr.P.C.