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1976 Supreme(SC) 315

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
State Of Orissa – Appellant
Versus
Brahmananda Nanda – Respondent


Advocates:
A.K.Mathur, A.K.SHARMA, G.S.CHATTERJEE, GOBIND DAS, M.K.RAMAMURTHY, M.S.NARASIMHAN, S.Bhandan

P.N.BHAGWATI, J.

(1) THIS appeal, by special leave, is directed against a judgment of the High court of orissa acquitting the respondent of a horrendous crime in which six persons, close relatives of the respondent, were done to death. The respondent was convicted by the Additional Sessions Judge. Dhenkanal and sentenced to death, but on appeal the conviction and sentence were set aside and the respondent was acquitted. The question in this appeal is: whether the acquittal of the respondent is justified or it must be set aside and the conviction and sentence imposed on the respondent restored.

(2) THE entire prosecution case against the respondent rests on the oral evidence of Chanchala (Public Witness 6) who claimed to be an eyewitness to the murder of Hrudananda, one of the six persons alleged to have been killed by the respondent. The learned Additional Sessions Judge believed her evidence, but the High court found it difficult to accept her testimony. The High court has given cogent reasons for rejecting her evidence and we find ourselves completely in agreement with those reasons. We have carefully gone through the evidence of this witness, but we do not think we



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