The main legal point established in the judgment is the court's reliance on the consistency of evidence, including eyewitness testimonies, medical evidence, and chemical examination reports, to prove the offense of murder beyond reasonable doubt.

JUDGMENT

S.K. Mishra, J. - The sole appellant-Subash Chandra Swain assails his conviction for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'the I.P.C.' for brevity) and sentence to undergo imprisonment for life, recorded by the learned Sessions Judge, Puri in S.T. Case No.265 of 2001, vide., judgment of conviction and order of sentence dated 13.05.2002.

2. Bereft of unnecessary details, the case of the prosecution in brief is as follows:

On the written report containing allegation that on 17.05.2000 at about 11.30 near Erbung High School accused inflicted injuries on the head and shoulder of deceased Pravakar, brother of the informant, by means of spade (Kodal), Gop P.S. Case No.58 dated 17.05.2000 was registered under Sections 324, 326 and 307 of the Penal Code and the matter was investigated into. The informant and witnesses were examined and blood stained grass and sample grass were seized from the spot. On succumbing to his injuries by the deceased at S.C.B. Medical College and Hospital, Cuttack, Mangalabag P.S. U.D. Case No.397 dated 17.05.2000 was registered, matter was enquired into, inquest over the dead body of the deceased was held whereafter the dead body of the deceased was subjected to post-mortem examination, wearing lungi and two envelopes were seized after post-mortem examination and on completion of enquiry, the C.D. was sent to Gop Police Station on the point of jurisdiction. On receipt of information of death of the deceased, Gop P.S. Case was turned to a case under Section 302 of the Penal Code. From a nearby pond of one Bhramarbar Muduli, spade, the weapon of offence was seized and on the production of seized spade opinion of the doctor who conducted post-mortem examination regarding possibility of injury by that weapon of the offence was obtained, and the seized articles were subjected to chemical examination and on completion of investigation, the accused was charge-sheeted under Section 302 of the Penal Code.

3. The defence plea is a denial one.

4. The prosecution, in order to prove its case, examined 14 witnesses and relied upon documents marked as Exts. 1 to 15 and also material objects marked as M.Os.I and II. P.Ws.5- Sudipta Kumar Swain, the brother of the deceased, is the informant; P.W.1- Rajesh Kumar Pradhan, nephew of the deceased and P.W.2-Kumarmani Mati, a co-villager of the deceased and a Peon of Erbung High School, are eye-witnesses to the occurrence; P.W.3- Bijaya Ku. Swain, the brother of the deceased, P.W.4- Manas Ranjan Baral, another co-villager of the deceased and P.W.6-Syama Sundar Sagadia, the brother-in-law of the deceased and a Teacher of Erbung High School are post-occurrence witnesses. P.Ws.3 and 4 are also witnesses to extra-judicial confession. P.W.7- Pramod Kumar Prusty is the Auto-driver in whose Auto the deceased was shifted from the spot. P.W.8-Kalandi Biswal, a co-villager of the deceased is a witness to seizure, P.W.12-Dr. Subodh Ch. Mohanty is the medical Officer, P.W.9-Dr. Nirupama Samantray is the Associate Professor of S.C.B. Medical College and Hospital, Cuttack who had conducted post-mortem examination. P.W.10-Madhab Chandra Sethi is the Havildar of Gop Police Station who made S.D. Entry on receipt of F.I.R., P.W.11-Ramakanta Sahu is the Police Constable of Mangalabag Police Station, Cuttack who accompanied the dead body for post- mortem examination, P.W.13-Jitendranath Pani is the A.S.I. of Police, Mangalabag Police Station, Cuttack who enquired into U.D. Case and P.W.14-Prahallad Gouda, the then Officer-In-Charge of Gop Police Station, Gop is the Investigating Officer.

No defence evidence was adduced.

5. Taking into consideration the narrations of eye-witnesses P.Ws.1 and 2 as corroborated by the evidence of P.W.9, the Doctor who conducted post-mortem examination together with the contents of the post-mortem examination report, inquest report and casualty memo, learned Sessions Judge, Puri has came to the