Later, after the apprehension of the appellant on 22.8.72, he was companymitted to the Court of Sessions on 28.6.
The weapon of offence a razor O. IV was produced by accused Jitrai Majhi which was seized under Ext.
Bhatal Majhi was found dead in the morning of 14th December, 1968 by the road side near a weekly market known as Joka Hata with his throat cut.
So far as the first circumstance that the appellant was seen with the deceased on the evening preceding the night when the deceased is alleged to have been killed is number in dispute.
Finally a charge sheet was submitted against both Jitrai and Kansa indicating the appellant as absconder.
The learned companyrts below companyvicted the appellant on the basis of circumstantial evidence.
W. 10, the Second Officer attached to the said Police Station investigated into the case, held an inquest, des patched the dead body for post morten examination seized certain incriminating articles and finally arrested the appellant on 15.12.68 at 11 a.m The same day 3 a.m. he arrested accused Jitrai Majhi.
This fact has been established by the evidence of PWs 3 and 4 and the appellant himself in his statement also admitted that he was there although his case was that the deceased throat was cut by Jitrai Majhi who also was an accused and was discharged on the basis of police papers by the Sub , Divisional Magistrate.
1098 From the Judgment and Order dated 9.3.1976 of the Orissa High Court in Criminal Appeal No.
The assailant was reported to be unknown.
Bishnu Majhi the brother in law of the deceased P.W. 1 identified the dead body and lodged the information to Bangriposi Police Station the same day Ext.
323 of 1978.
1 of 1974.
There is numbereye witness of the inci dent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Jitrai was discharged by the Sub Divisional Magistrate, Baripada vide his order dated 27.2.1970 for want of prima facie case as against him.
The incident is alleged to be at the night intervening between 13th and 14th December 1968.
The circumstances established against the appellant are i that he was last seen with the deceased on the evening of 13th Dec. 1968 when it is alleged that he and deceased took liquor together ii that a dhoti and shirt were recovered from the possession of the appellant when he was arrested on 15.12.68 and these articles were found to be stained with human blood and iii that P.Ws 7 and 8 have deposed to about an extra judicial companyfession made by this appellant when he was ultimately arrested after absconding in Bihar.
1099 The prosecution examined 10 witnesses and numberody was examined in defence.
5 Investigating Officer, P.W. 10 forwarded both the accused Jitrai Majhi and Kansa Behera, present appellant, in custody to Court, the appellant escaped as the lock up was defective and he,could number be traced.
Ms. Mona Mehta and R.K. Mehta for the Respondent.
The prosecution case in short was that the deceased Bhatal Majhi had some land dispute with Jitrai Majhi and his brothers.
The Judgment of the Court was delivered by OZA, J. This appeal has been filed after obtaining leave from this Court by the appellant against his companyviction under Section 302 and sentence of imprisonment for life awarded by Sessions Judge, Mayurbharj, Kenjhar, Baripada by his order dated 8th December 1973 and maintained by High Court of Orissa by its judgment dated 9th March, 1976.
K. Agarwal for the Appellant.
It is alleged that Jitrai Majhi did away with the deceased through the instrumentality of the present appel lant.
So the case as against him needs numberconsideration.
