JUDGMENT :

C.R. DASH, J. - This Reference by a Division Bench to the Larger Bench raises the question whether 'Grama Rakshi' is a Police Officer within the meaning of that expression .in Section 25 of the Indian Evidence Act.

2. After scrutinizing the evidence in the appeal, the Division Bench found that the appellant had made extra judicial confession before P.W.1, who is the 'Grama Rakshi'. At that time P.Ws. 3, 4 and 7 were present. The Division Bench was faced with divergence of opinion expressed by this Court on the question as to whether 'Grama Rakshi' is a Police Officer.

This Court, in the case of Madan @ Undu Barik v. State of Orissa, 43 (1977) CLT 512, Dusasan Bhoi and others v. State of Orissa, 1981 Cri.L.J. 1452; Boisakhu Kollar v. State, 60 (1985) CLT 61 and Pandru Khadia v. State of Orissa, 1992 Cri.L.J. 762, had held that 'Grama Rakshi' is a Police Officer, Per contra, this Court in the case of Khageswar Khatua v. State, 1993 Cri.L.J. 2374, 1993 (II) OLR 37 following the dictum of Hon'ble the Supreme Court in the case of Raj Kumar Karwal v. Union of India and others, AIR 1991 SC 45, took the view that 'Grama Rakshi' is a not a Police Officer.

3. Hon'ble Supreme Court, i