ARJUN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant stood charged under S.302 of the Indian Penal Code (for short, 'the Code') with having committed the murder of his brother Lochan Sahu (hereinafter described as 'the deceased') by intentionally causing his death by means of a katari (M.O.I.) on Oct.13, 1980, at Chamaradhipa in the district of Denkanal and under S.201 of the Code for having caused the evidence of commission of murder to disappear in order to screen himself from legal punishment by washing the stains of blood on M.O.I.

(2.) The prosecution has mainly relied on 'the evidence of two witnesses to the occurrence, namely, P.Ws. 2 and 5 and that of P.Ws. 3, 4 and 6 with regard to the extrajudicial confession said to have been made by the appellant before them. As has been submitted by the learned counsel for both the sides, some incriminating articles, such as a katari (M.O.I.) and two pieces of clothes (MOs. II and III) had been seized in the course of investigation from the possession of the appellant, but the Chemical Examiner's report would show that no blood was detected in these articles. On a consideration of the evidence, the trial court has accepted the case of the prosecution with regard to the charge of murder while rejecting the evidence with regard to other charge. For his conviction under S.302 of the Code, the appellant has been sentenced to undergo imprisonment for life.

(3.) Appearing on behalf of the appellant, Mr. Misra has contended that the evidence of P.Ws. 2 and 5 is not worthy of credence and that of P.Ws.3, 4 and 6 is of no better character, and therefore, no order of conviction could be recorded. The learned Additional Government Advocate has supported the order of conviction as well founded.