DHULESWAR BEHERA Vs. STATE

JUDGEMENT

(1.) THIS is a prisoner's appeal against his conviction under Section 302, I.P.C. and the sentence of rigorous imprisonment for life. Accusation against the appellant was that he killed his paternal uncle Biswanath Behera by means of a tangia on 14.1.1977.

(2.) PROSECUTION case was that the appellant lost his father during his childhood and his mother courted a second marriage. The appellant was brought up by the deceased. About two years before the occurrence, the appellant and the deceased separated in mess and estate. Ten days before the occurrence, there was a quarrel between them as the deceased refused to purchase the share of the appellant and also declined to give consent for sale of his share of the land. In course of the quarrel the appellant was alleged to have threatened the deceased with dire consequences. In this background, it was alleged that on 14.1.1977 in the early morning when the deceased went near the village tank for easing the appellant appeared there and assaulted him with a tangia as a result of which he died. Then the appellant concealed the tangia under a nearby bridge and returned to his house.

(3.) IN order to bring home the charge to the appellant, prosecution relied mainly on his judicial confession before the Magistrate (P.W. 1), his extra judicial confession before P.Ws. 4, 9 and 10 and the following circumstances :