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1984 Supreme(Ori) 103

B.K.BEHERA, G.B.PATTANAIK
CHINTAMANI NAHAK ALIAS NAIK – Appellant
Versus
STATE – Respondent


Advocates Appeared:
CHINTAMANI NAHAK, G.BOHIDAR, Indrajit Ray, NAIK, S.K.Mund, U.C.MOHANTY

B. K. SEHERA, J.

( 1 ) THE order of conviction under section 302 of the Indian Penal Code with the sentence to undergo imprisonment for life has been recorded by the trial court against the appellant on the basis of the evidence of a solitary eye-witness (P. W. 2) coupled with the act of absconding by the appellant soon after the occurrence, after accepting the case of the prosecution that the appellant, having borne a grudge against Hadu Nabak (to be described hereinafter as the deceased) suspecting that he had played witch-craft and had killed his two ailing sons,. killed the deceased in the early hours of November 28, 1978, at village Karapada in the district of Ganjam by stabbing him by means of a Kali while the deceased was coming out of the tea shop of Indramani Raul (P. W. 3) near that of P. W. 2 and then took to his heels and absconded until December 16. 1978, before his surrender and arrest at the Chatrapur Police Station on that day.

( 2 ) THE finding that the deceased died a homicidal death has not been assailed. While Mr. Bohidar has urged on behalf of the appellant that no order of conviction could be based on the highly interested and untrustworthy evidence of P. W.













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