STATE Vs. BANAMALI DAS

JUDGEMENT

(1.) This is a proceeding for contempt initiated against Shri Banamali Das, Additional Superintendent of Police, Cuttack, on the basis of some observations made by my learned brother Rao, J. in Criminal Appeal Nos. 80 and 81 of 1957.

(2.) The material facts are as follows: One Manu Santra a leading contractor and influential man of village Dhangarpada, P.S. Sadar Cuttack was murdered sometime between 5.30 p.m. and 6 p.m. on the 8th December at the village. After the usual investigation, and committal proceedings, 19 persons were tried in the Court of the Additional Sessions Judge of Cuttack for the offence. Two of the accused persons were (1) Suresh Chandra Pradhan and (2) Lokenath Pradhan. On the same day at about 6 p.m. a station diary entry was made at Lalbag Police Station, Cuttack, by the then A.S.I. in charge Shri G. B. Jena to the following effect:

(3.) There can be no doubt that Ext. 10 is a document of great importance in the Sessions Trial. If really Suresh and Lokenath who had actually figured as accused in the Sessions trial had appeared at Lalbag Police Station at 6 p.m. on that day would not obviously have participated in the murder of Manu Santra at his village of Dhangarpara and the plea of alibi must succeed. The only way in which the prosecution could meet this plea was to persuade the A.S.I. who made the aforesaid entry (Ext. 10) to say that he could not identify the persons who made it.