JUDGMENT :

G.B. Patnaik, J. - These two cases are heard together since common facts are involved and both the cases are being disposed of by this common judgment.

2. G.R. Case No. 284 of 1984 was registered on the basis of a First Information Report lodged by the Sub-Inspector of Police Shri C.M. Sahu on 5-9-1984. The said First Information Report indicated that Kedar Behera, the deceased, was stabbed by one Pramode Kumar Tripathy. The said Pramode was arrested on 8-9-1984 and made a confessional statement which was recorded u/s 164 of the Code of Criminal Procedure (hereinafter referred to as the "Code") on 9-9-1984 implicating himself as the assailant. Three or four witnesses were examined both u/s 161 as well as u/s 164 of the Code whose statements reveal that it is Pramode who had stabbed the deceased and on completion of investigation, the police submitted a charge-sheet against Promode u/s 302, Indian Penal Code, on 1-12-1984 and cognisance was taken against him u/s 302, Indian Penal Code, by order dated 3-12-1984.

3. The case diary of the said G.R. Case, however, contained statements recorded u/s 161 of the Code of some other witnesses including Lalbihari according to whom it i