BISWAMBAR MEHER Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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K.P. MOHAPATRA, J. -
(1.) The appellant has assailed the order passed by the learned Sessions Judge, Bhawanipatni, convicting him for offences under Sections 302, and 201, I.P.C.
(2.) Facts P.W. 1 is the father of the appellant and deceased Swayamber Meher. According to his version, on a Friday the appellant and the deceased left home for the jungle to collect and bring wood. They spent the night in the house of P.W. 2 in another village and proceeded to the jungle on Saturday morning. The appellant returned home alone and without the deceased When P.W. 1 inquired, he gave out that deceased had gone to Langigarh for purchase of a bullock. As he did not return, P.W. 1 went to Langigarh in his search and returned home disappointed. He asked the appellant in the presence of P.Ws. 3, 4 and 6 about the whereabouts of the deceased, when the appellant made an extra judicial confession in the presence of these witnesses that by means of Tangia (MO. II) he killed the deceased and concealed the dead body. P.W. 1 thereupon lodged F.I.R. (Ext. 8). In course of investigation, the Tangia (M.O. II) was seized on production by the appellant and the dead body of the deceased was recovered from the place of concealment on being pointed out by the appellant. After close of investigation, charge-sheet was submitted.
(3.) The appellant's plea was denial of the occurrence and his false implication in the case.;
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