SADAN BHALU Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal challenge has been made to the judgment of conviction and order of sentence dated 24.02.2003 passed by the Additional Sessions Judge, Malkangiri in Sessions Case No.14 of 2000 by which he convicted the appellants under Section 302 I.P.C. and sentenced them to imprisonment for life.

(2.) THE facts of the case are that on 09.09.1997 around noon the appellants had been to the place of distillation in village Kalapali along with Biswanath Bhalu (hereinafter called the 'deceased). After taking liquor when they were returning the appellants picked up quarrel with the deceased and murdered him by pressing his head and face into water in a paddy field. One Kumuti Barik saw the occurrence and that day evening informed the fact to Sana Bhalu, the brother -in -law of the deceased. Sana Bhalu went to the paddy field of Hari Naik and found the dead body of the deceased and lodged F.I.R. at Kaduluguma police out post on which investigation was taken up. After all necessary investigation, charge sheet was submitted. During investigation on the prayer of the I.O. the learned S.D.J.M., Malkangiri recorded the statement of the witness Kumuti Barik under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter called the 'Cr.P.C.).

(3.) THE learned advocate for the appellants has argued that there is no evidence at all in this case connecting the accused persons and the conviction as such is perverse. In elaborating his points he has stated that the learned Court below has convicted the appellants basing only on the statement of Kumuti Barik recorded under Section 164 Cr.P.C. which is legally incorrect. The learned Standing Counsel on the other hand supported the impugned judgment of conviction and order of sentence.