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Orissa High Court

Rankanidhi Behera vs State Of Odisha on 24 July, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

                       IN THE HIGH COURT OF ORISSA, CUTTACK

                                             JCRLA No.29 of 2010


       An appeal under section 374 Cr.P.C. from the judgment and
       order dated 10.03.2010 passed by the Additional Sessions
       Judge, Nayagarh in Sessions Trial No.126 of 2008.
                                                 -------------------------



               Rankanidhi Behera                              .......                                    Appellant

                                                           -Versus-

               State of Odisha                                .......                                  Respondent



                        For Appellant:                             -       Mr. Sobhan Panigrahi
                                                                           Amicus Curiae

                        For Respondent:                            -       Mr. Priyabrata Tripathy
                                                                           Addl. Standing Counsel

                                                 -------------------------

       P R E S E N T:

                      THE HONOURABLE MR. JUSTICE S.K. SAHOO

                                                              AND

           THE HONOURABLE MR. JUSTICE CHITTARANJAN DASH

       --------------------------------------------------------------------------------------- --------------------------------
                           Date of Hearing and Judgment: 24.07.2024
       --------------------------------------------------------------------------------------- --------------------------------


By the Bench:               The appellant Rankanidhi Behera faced trial in the

       Court of learned Additional Sessions Judge, Nayagarh in Sessions


       JCRLA No.29 of 2010                                                                               Page 1 of 23
 Trial Case No.126 of 2008 for commission of offence punishable

under section 302 of the Indian Penal Code (hereinafter 'I.P.C.')

on the accusation that in the midnight of 11/12.05.2008 at

village Nathiapali under Odagaon police station, he committed

matricide by killing his mother Heera Behera (hereinafter 'the

deceased').

              The learned trial Court vide impugned judgment and

order dated 10.03.2010 found the appellant guilty of the offence

charged and sentenced him to undergo imprisonment for life.

Prosecution Case:

2.            The prosecution case, as per the first information

report (hereinafter 'F.I.R.') (Ext.1) lodged by one Duryodhan

Behera    (P.W.1),    the   President   of   village   committee        on

12.05.2008 before the Officer in-charge of Odagaon, in short, is

that the appellant committed the murder of the deceased by

severing her head and threw the body in the backyard of his

house. Some villagers traced the headless dead body of the

deceased while going to attend call of nature, for which they

informed the same in the village. Upon getting such information,

members of the village committee along with other villagers

proceeded to the spot and noticed that the head was missing

from the dead body.
JCRLA No.29 of 2010                                      Page 2 of 23
              Chiranjibi   Dalabehera   (P.W.8)   A.S.I.     of    Police

attached to Odagaon Police Station drew up the formal F.I.R.

vide Ext.1/3 in the absence of Officer-in-Charge and he himself

took up investigation of the case. He deputed two constables to

guard the spot where the dead body of the deceased was lying

and subsequently he proceeded to the spot at 8.30 a.m., which

was the dwelling house of the appellant. He visited the back side

of the said house locally called as Kamarapada where the

beheaded body of the deceased was found. He went to the house

of the appellant and after repeated calls, the appellant opened

his door and came out. The I.O. recorded the statement of the

appellant wherein he confessed to have committed the murder of

the deceased and the said statement was recorded vide

Ext.11/1. He then arrested the appellant and conducted inquest

over the headless body of the deceased and after that, the

appellant led him to his room and brought out a bag containing

the severed head of the deceased, which was seized as per

seizure list Ext.6. At about 10.30 to 10.50 a.m. on the same day,

P.W.8 conducted inquest over the severed head of the deceased

and prepared the inquest report vide Ext.3/3. He also conducted

inquest over the dead body of the deceased by joining the


JCRLA No.29 of 2010                                       Page 3 of 23
 severed head to the beheaded body and prepared the inquest

report vide Ext.4/2. The I.O. then sent the dead body of the

deceased to Odagaon Hospital for post mortem examination and

collected earth and blood stained sample earth, which were

seized as per seizure list Ext.7. He searched for the weapon of

offence i.e. sickle and was able to trace it out which was lying in

an open field at Kamarapada and seized the same as per seizure

list Ext.8. P.W.8 seized the wearing apparels of the appellant as

per seizure list Ext.10/1. On the same day, at about 1.15 p.m.,

he searched the house of the appellant and recovered one

country made pistol and seized the same. He prepared the spot

map of the house of the appellant vide Ext.16 and gave

requisition to doctor to collect the nail of the appellant. On

13.05.2008, he forwarded the appellant to Court and thereafter,

he examined some witnesses on 17.05.2008 and he also

produced the seized sickle before Medical Officer and made a

query as to the possibility of the injuries by such weapon. On

23.05.2008, he received the nail scraping of the appellant and

query opinion from the doctor (P.W.7). Subsequently, he handed

over the charge of investigation to Bimal Kumar Mallick (P.W.9),

the Officer-in-Charge of Odagaon Police Station.




JCRLA No.29 of 2010                                   Page 4 of 23
              After taking over the charge of investigation, P.W.9

made a prayer to the learned S.D.J.M., Nayagarh for sending the

exhibits   for    chemical        analysis    and      received    the   chemical

examination           report    (Ext.20).      Upon      completion       of    the

investigation, he submitted charge sheet against the appellant

on 18.07.2008 under section 302 of I.P.C.

Framing of Charges:

3.           After submission of charge sheet, the case was

committed        to    the     Court   of    Session    after     complying    due

formalities. The learned trial Court framed charge against the

appellant as aforesaid and since the appellant refuted the

charge, pleaded not guilty and claimed to be tried, the sessions

trial procedure was resorted to prosecute him and establish his

guilt.

Prosecution Witnesses, Exhibits and Material Objects:

4.           During the course of trial, in order to prove its case,

the prosecution has examined as many as nine witnesses.

             P.W.1 Duryodhan Behera was the President of the

village committee and also the informant in this case. He stated

that during the dawn hours, while he had gone to attend the call

of nature, he saw the headless body of a woman lying at a

distance of 500 feet. Seeing the same, he shouted, for which
JCRLA No.29 of 2010                                                  Page 5 of 23
 many persons gathered at the spot and some of the persons

identified the dead body of the deceased. He is also a witness to

the inquest held over the headless body and severed head of the

deceased.

             P.W.2 Jitendra Behera is the minor son of the

appellant and grandson of the deceased. He categorically stated

that on the night of occurrence, the appellant strangulated the

deceased for which she struggled for life but after a while, she

became calm. He also stated that upon seeing this in front of his

eyes, he cried but the appellant threatened him not to shout.

The witness further stated that the appellant asked him to

accompany and took the dead body of the deceased to

Kamarapada and severed the head from the body of the

deceased by means of a sickle. He further stated that the

appellant brought the severed head in a bag and returned to the

house but threw away the sickle outside.

             P.W.3 Mini Behera is the wife of the appellant and

daughter-in-law of the deceased. She stated that the appellant

had assaulted her prior to the incident for which she had left for

her maternal home along with her elder daughter. Upon getting

the news of the death of the deceased, she returned to the

marital home.

JCRLA No.29 of 2010                                  Page 6 of 23
              P.W.4 Kubera Behera stated that when the police

asked the appellant about the severed head of the deceased, he

agreed to give recovery of the same and led the police to the

spot where he had kept the severed head. He is also a witness to

the seizure of blood stained earth and sample earth as per

seizure list Ext.7, sickle as per seizure list Ext.8 and seizure of

one jacket and burnt pieces of pant and shirt as per seizure list

Ext.9.

             P.W.5 Chakradhar Naik stated that P.W.1 and he

himself found the headless body at the dawn hours which they

identified to be that of the deceased. While both of them were

proceeding to the house of the appellant, they saw the appellant

coming. He further stated that on being asked, the appellant

informed that he was searching for the deceased but when P.W.1

insisted to know about the whereabouts of the deceased, the

appellant rushed to his house and bolted the door from inside.

He also stated that about 400 villagers guarded at the house of

the appellant to prevent his escape. Subsequently, the police

arrived and persuaded the appellant to open the door and

thereafter the police took him to the place where the headless

body was lying. The appellant then led the police to his house

and brought out the head of the deceased kept in a polythene

JCRLA No.29 of 2010                                   Page 7 of 23
 bag. He is a witness to the conduct of inquest over the headless

body as well as the severed head of the deceased.

             P.W.6 Panu Charana Behera is a co-villager and a

post-occurrence witness who stated that at about 06.00 a.m., on

being called by P.W.1, he went to Kamarapada and saw the

headless body of the deceased. He also stated to have seen the

head of the deceased in the house of the appellant. He is also a

witness to the conduct of inquest over the headless dead body of

the deceased vide Ext.2 and severed head of the deceased vide

Ext.3.

             P.W.7 Dr. A.K. Mohapatra was posted as the Medical

Officer at Kural P.H.C.(New). On police requisition, he conducted

post mortem examination over the dead body of the deceased

and proved his report vide Ext.12. He, vide Ext.13, responded to

the query made by the I.O. as to the possibility of causing of the

injuries through the recovered sickle.

             P.W.8 Chiaranjibi Dalabehera was working as the

Assistant Sub-Inspector of Police at Odagaon police station and

he is the initial investigating officer of this case.

             P.W.9 Bimala Kumar Mallick was working as the

Officer-in-Charge of Odagaon police station. He took over the


JCRLA No.29 of 2010                                     Page 8 of 23
 charge of investigation from P.W.8 and upon completion of

investigation, he submitted charge sheet against the appellant.

             The prosecution exhibited twenty documents. Ext.1

is the F.I.R., Ext.2/3 is the inquest report, Ext.3/3 is the inquest

report, Ext.4/2 is the inquest report., Ext.5 is the zimanama,

Exts.6, 7, 8, 9, 17 and 19 are the seizure lists, Ext.10/1 is the

seizure list, Ext.11/1 is the statement of accused recorded by

Police, Ext.12 is the post mortem report, Ext.13 is the reply of

P.W.7 on query of I.O., Ext.14 is the command certificate, Ext.15

is the dead body challan, Ext.16 is the spot map., Ext.18 is the

copy of forwarding letter of S.D.J.M. and Ext.20 is the chemical

examination report.

             The prosecution also proved twenty material objects.

M.O.I is the seized Sickle, M.Os.II & III are the Gold Nolis,

M.O.IV is the Mali having 10 Gold Beads, M.O.V is the Mali

without Gold Bead, M.O.VI is the an one Rupee Tamba Paise,

M.O.VII is the one athana tamba Paise, M.O.VII is the Gold Naka

Fulla, M.O.IX is the Gold Naka Fulla, M.O.X is the Metal Karata

(Container), M.Os.XI and XIIare the sarees of the deceased,

M.O.XIII is the jean pant of the appellant, M.O.XIV is the half

banian, M.Os.XV, XVI, XVII, XVIII and XIX are the sample

packets and M.O. XX is the nails scraping sample packet.

JCRLA No.29 of 2010                                    Page 9 of 23
 Defence Plea:

5.           The defence plea of the appellant was one of denial.

Defence has neither examined any witness nor exhibited any

document to dislodge the prosecution case.

Findings of the Trial Court:

6.           The learned trial Court after assessing the oral as

well documentary evidence on record came to hold that the

death of the deceased Heera, the sexagenarian widow, mother of

the appellant on the midnight of 11/12.05.2008 was homicidal in

nature. The learned trial Court also accepted the evidence of the

child witness (P.W.2), who is the son of the appellant and

grandson of the deceased Heera, to be wholly reliable. The

statement of the appellant recorded under section 313 of the

Cr.P.C., in which he has admitted his guilt, has also been taken

into account so also the recovery of the severed head at the

instance of the appellant and the opinion of the doctor regarding

possibility of the injury caused with the weapon. Accordingly, it

has been held that the prosecution evidence proves the charge

against the appellant and the irresistible conclusion is that the

appellant is the culprit behind the murder of his mother and he

intentionally killed her. It was further held that intra-familial

tension is not a satisfactory explanation for the crime and
JCRLA No.29 of 2010                                  Page 10 of 23
 resultantly, the learned trial Court held that the prosecution has

proved the charge under section 302 of the I.P.C. against the

appellant.

Contentions of the Parties:

7.           Mr.      Sobhan   Panigrahi,   learned   Amicus    Curiae

contended that the conviction of the appellant is mainly based on

the solitary evidence of the child witness (P.W.2), who is the son

of the appellant and grandson of the deceased and there are

contradictions in his evidence and therefore, it would be too risky

to place implicit reliance on his testimony to find the appellant

guilty under section 302 of the I.P.C. The learned counsel further

submits that the appellant appears to have been under the

influence of 'ganja' when he committed the crime and therefore,

the benefit of doubt should be extended in favour of the

appellant.

             Mr. Priyabrata Tripathy, learned counsel for the State

on the other hand submitted that the learned trial Court has

rightly accepted the evidence of P.W.2, whose presence at the

scene of occurrence is very natural and which is also accepted by

the appellant in the accused statement and the contradictions

which are appearing in the evidence of P.W.2 do not go to the

root of the matter or demolish his version and his evidence is
JCRLA No.29 of 2010                                      Page 11 of 23
 getting corroboration from the medical evidence adduced by the

doctor (P.W.7), who after verification of the weapon of the

offence answered to the query made by the Investigating Officer

that not only the injuries are fatal but also it could have been

caused by the weapon which was produced before him. The

learned counsel further submitted that at the instance of the

appellant, the head of the deceased was recovered from his

house and the evidence of Kabir Behera (P.W.4) in that respect

is also very clear coupled with the evidence of the I.O. (P.W.8)

and therefore, the learned trial Court is justified in convicting the

appellant under section 302 of the I.P.C.

Whether the solitary testimony of the child witness

(P.W.2) regarding culpability of the appellant is reliable?:

8.           Since the case is mainly based on the evidence of the

solitary eye-witness P.W.2, who was a child aged about 12 years

at the time of deposition, we have to carefully go through it to

see whether the same is acceptable or not. Law is well settled

that in order to record a conviction on the evidence of a solitary

witness, the Court has to be satisfied that the evidence is clear,

trustworthy and above-board. Additionally, when the solitary

witness happens to be a child, the Court has to be even more

cautious so as to ensure that immature answers, influenced by

JCRLA No.29 of 2010                                     Page 12 of 23
 the tender age, given by the child do not affect his otherwise

impeccable evidence. The Hon'ble Supreme Court so also this

Court have time and again reiterated the law governing the

recording of testimony of child witnesses. In the case of Pramila

-Vrs.- State of U.P. reported in (2021) 12 Supreme Court

Cases 550, while appreciating the sole testimony of an eleven-

year-old child, the Hon'ble Supreme Court noted as follows:


             "5. Criminal jurisprudence does not hold that
             the evidence of a child witness is unreliable
             and can be discarded. A child who is aged
             about 11 to 12 years certainly has reasonably
             developed mental faculty to see, absorb and
             appreciate. In a given case the evidence of a
             child witness alone can also form the basis for
             conviction.       The      mere     absence     of    any
             corroborative evidence in addition to that of
             the      child   witness    by    itself   cannot    alone
             discredit a child witness. But the courts have
             regularly held that where a child witness is to
             be considered, and more so when he is the
             sole witness, a heightened level of scrutiny is
             called for of the evidence so that the court is
             satisfied with regard to the reliability and
             genuineness of the evidence of the child
             witness. PW 2 was examined nearly one year
             after      the    occurrence.       The     Court     has,
             therefore, to satisfy itself that all possibilities
JCRLA No.29 of 2010                                               Page 13 of 23
              of tutoring or otherwise are ruled out and
             what was deposed was nothing but the truth."

             Since P.W.2 is a child witness, the learned trial Court

put some questions to test his competency, which is also known

as the 'voir dire' test in the legal parlance. After noting down the

questions put and the answers given by the witness, the learned

trial Court observed that the witness understood the questions

and is a competent witness to answer and accordingly, the

statement was recorded. P.W.2 has stated that the appellant is

his father and the deceased Heera Bewa was his grandmother

and he stated that in the night of occurrence, he was sleeping

with the deceased on the outer verandah of the house when the

appellant woke them up and asked to come inside and after a

while, he along with the deceased came back and slept in the

outer verandah. After some time, the appellant strangulated the

neck of the deceased for which the deceased struggled for the

life and then she became calm. He further stated that when he

cried, the appellant threatened him not to shout and then the

appellant asked him to accompany and took the dead body of

the deceased to Kamarpada which is at a distance of 100 meters

and there the appellant separated the head of the deceased from

the body by means of a sickle and brought the beheaded head in


JCRLA No.29 of 2010                                    Page 14 of 23
 a bag and returned to the house. P.W.2 also followed the

appellant and the appellant threw away the sickle outside.The

witness further stated that the appellant kept him inside the

room and closed the door from outside and went to take bath

and on the next day morning, the appellant opened the door and

the villagers came and he told the villagers about the incident. In

the cross-examination, the witnesses stated that he has read

upto Class-V and further stated that out of fear, he could not

shout during the incident and the appellant was sleeping in the

Danda Ghara when he along with the deceased grandmother

were sleeping in the Badi Ghara. The previous statement of

P.W.2 recorded under section 161 of Cr.P.C. was confronted to

him and it has been proved through the I.O. (P.W.8) that he has

not stated before him that due to summer, he was sleeping

outside and while he along with the deceased were sleeping on

the verandah, the appellant called them to come inside and that

he disclosed the incident before the villagers and he was kept

inside the room and the door was closed from outside. Even

though these contradiction has been proved by the defence, we

are of the view that the same in no way affects the credibility of

P.W.2 and his version that his father (appellant) strangulated the

neck of the deceased inside the Danda Ghara and subsequently


JCRLA No.29 of 2010                                   Page 15 of 23
 took the dead body to Kamarapada and there he separated the

head of the deceased by means of a sickle has not at all been

shattered and the witness appears to be truthful and nothing has

been brought out in the cross-examination to disbelieve his

evidence.


             The witness has further stated that the appellant was

always expressing disgust over the deceased and the appellant

kept the bag containing the head of the deceased in the bamboo

basket of the house. The learned trial Court has noticed the

demeanor of the witness and mentioned that P.W.2 continued to

remain    confident   throughout   the   examination   and    cross-

examination while the appellant was standing in the accused

dock. Section 280 Cr.P.C. empowers the Presiding Judge while

recording the evidence of witnesses, to also record such remarks

(if any) as he thinks material, respecting the demeanour of such

witness whilst under examination. The demeanour of the witness

is the appearance of credibility that the witness has during

testimony and examination at trial or hearing. The look or

manners of a witness while in the witness box, his hesitation and

doubts or confidence and calmness etc. are the facts which only

the trial Judge is in a position to, and is expected to observe.

Though the Court is quite free to make a note of demeanour of

JCRLA No.29 of 2010                                    Page 16 of 23
 the witness, it is desirable to avoid remarks of an apparently

exclusive character. The observations of a trial Judge as regards

the demeanour of witnesses are entitled to grant weight. When

the Court has found the witness to be a competent one and he

being the son of the appellant, his presence at the scene of

occurrence cannot be disputed and he has narrated the incident

in detail as to how the appellant committed the murder of the

deceased and subsequently beheaded her and his version has

not at all been shattered in the cross-examination, we are of the

view that the learned trial Court has rightly placed reliance on

the evidence of P.W.2.

             Above all, the doctor (P.W.7), who was conducted

post mortem examination over the dead body of the deceased

has noticed the following injuries:-

             "On examination, externally I found one cut
             injury   in   between   the   chin   and   thyroid
             cartilage on the front of the neck going
             backwards to involve the whole, of neck
             leading to decapitation of head from body just
             below the third survicalvertebra from the
             posterior aspect. Margins of the injury are
             ragged and bruised. The injury cuts from
             anterior to posterior. Hyoid bone, phyranx,



JCRLA No.29 of 2010                                       Page 17 of 23
              muscles of neck, vessels, nerves and just
             below the 3rd cervical vertebrae.

             (ii) Abrasion of size 2 c.m. x 1 c.m. behind the
             right elbow backside red-brown in colour.

             (iii) Abrasion of size 1 cm. x 1 c.m. on the
             back of left elbow red-brown in colour.

                      All the above three injuries were ante-
             mortem in nature. Injury on neck was only
             grievous while two others were simple in
             nature. Injury on neck might have been
             caused by sharp cutting weapon with serrated
             margins (sickle like). Injury Nos. II, III might
             have been caused by hard and blunt weapons.

                      On dissection internally he found as
             follows:-

             (I)      The     cut   injury    on   neck    leading   to
             decapitation has transected the spinal cord at
             the      level    below    C-3    above      C-4   thyroid
             cartilage and hyoid bone, are cut through."



             Therefore, the version of this child witness (P.W.2) is

not only reliable and trustworthy but the same is also getting

sufficient corroboration from the medical evidence. The backing

received from the doctor's (P.W.7) evidence ramparts the

evidence of P.W.2 and fortifies the prosecution case.




JCRLA No.29 of 2010                                              Page 18 of 23
 Whether the recovery evidence adduced by the appellant

corroborates the prosecution case?:

9.           P.W.4 has stated that while the appellant was in

police custody, he stated before the police that he could point

out the place where the severed head of the deceased has been

concealed and accordingly, he led the police to the spot and gave

recovery of the same.The police prepared the seizure list which

has been marked as Ext.6. P.W.4 further stated about the

seizure of the headless body from Nandi Bila as per seizure list

Ext.9. Apart from the seizure of the sickle lying at Kamarapada,

which was seized as per seizure list Ext.8 and sample earth and

blood stained earth as per seizure list Ext.7, the I.O.(P.W.8) has

also stated that after the appellant was taken into custody, he

made a statement before him which was recorded in a separate

sheet and the same has been marked as Ext.11/1. He further

stated that the appellant led him to his room and brought out a

bag from Kunda Doli having severed head of the deceased. The

I.O. has also stated about the seizure of the weapon of offence

and the beheaded body of the deceased and therefore, the

versions of P.W.4 and P.W.8 also indicate that at the instance of

the appellant basing on his statement recorded under section 27




JCRLA No.29 of 2010                                  Page 19 of 23
 of the Evidence Act, the head of the deceased was recovered

from the house of the appellant.

             The appellant was asked a pertinent question in the

accused statement recorded under section 313 of the Cr.P.C.,

which is reflected under Question No.34, as to what he has to

say about the case, wherein he has stated that he was under

intoxication and the deceased asked him to commit her murder

otherwise the villagers would create disturbance and accordingly,

he took 'ganja' and killed his mother by way of strangulation and

then asked his son (P.W.2) to accompany him and went to the

land where he beheaded the deceased and came with the head

to his house.

             It is needless to mention that a person cannot seek

exemption from liability for commission of murder on the ground

of 'voluntary intoxication'. The Penal Code does not provide for

any provision which can potentially protect an accused from

liability for commission of any crime, much less a heinous crime

like murder, merely because he chose to intoxicate himself

before executing his culpable intention. In the case of Paul

-Vrs.- State of Kerala reported in (2020) 3 Supreme Court

Cases 115, while adjudicating criminal liability of a self-

intoxicated persons, the Hon'ble Apex Court held as follows:

JCRLA No.29 of 2010                                  Page 20 of 23
              "32. Section 86 IPC enunciates presumption
             that despite intoxication which is not covered
             by the last limb of the provision, the accused
             person cannot ward off the consequences of
             his      act.    A        dimension     however          about
             intoxication may be noted. Section 86 begins
             by referring to an act which is not an offence
             unless done with a particular knowledge or
             intent. Thereafter, the law-giver refers to a
             person committing the act in a state of
             intoxication.        It    finally   attributes     to    him
             knowledge as he would have if he were not
             under      the       state    of     intoxication    except
             undoubtedly, in cases where the intoxicant
             was administered to him either against his will
             or without his knowledge. What about an act
             which becomes an offence if it is done with a
             specific intention by a person who is under the
             state of intoxication? Section 86 does not
             attribute intention as such to an intoxicated
             man committing an act which amounts to an
             offence when the act is done by a person
             harbouring a particular intention."

             The instant case has exposed this Court to a very

unfortunate set of facts where a son did not think twice before

killing his creator, i.e. the mother. As per the above position of

law, the knowledge of the appellant for commission of the crime

can be well inferred, notwithstanding the fact that he was

JCRLA No.29 of 2010                                                   Page 21 of 23
 intoxicated. Furthermore, no evidence was led from the side of

the defence to show that the intoxication was so intense that it

affected the ability of the appellant to form intention to commit

the crime. Therefore, when the evidence is consistent and well-

corroborated, the defence cannot be permitted to derail the

prosecution     case   flippantly   raising   a   superfluous   plea   of

intoxication.

              When Question No.35 was put to the appellant as to

whether he wants to cite any evidence in defence, he responded

in negative and further stated that since the murder has been

witnessed by his own son (P.W.2), no further evidence remained

to be adduced.

Conclusion:

10.           In view of the foregoing discussions, we are of the

view that the version of the child witness (P.W.2), is not only

clear, cogent, reliable and trustworthy but his evidence is getting

corroboration from the medical evidence and the recovery of the

head of the deceased at the instance of the appellant. Therefore,

the learned trial Court is quite justified in holding the appellant

guilty under section 302 of the I.P.C. and accordingly, we do not

find any merit in this JCRLA.



JCRLA No.29 of 2010                                        Page 22 of 23
                                    Accordingly, the JCRLA stands dismissed.

                                   Before parting with the case, we would like to put on

                  record our appreciation to Mr. Sobhan Panigrahi, the learned

                  Amicus Curiae for rendering his valuable help and assistance

                  towards arriving at the decision above mentioned. The learned

                  Amicus Curiae shall be entitled to his professional fees which is

                  fixed at Rs.7,500/- (rupees seven thousand five hundred only).

                  This Court also appreciates the valuable help and assistance

                  provided by Mr. Priyabrata Tripathy, learned Additional Standing

                  Counsel.

                                                                 ..........................
                                                                    S.K. Sahoo, J.

................................ Chittaranjan Dash, J.

Orissa High Court, Cuttack The 24th July 2024/AKPradhan/Bijay Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA JCRLA No.29 of 2010 Date: 02-Aug-2024 13:31:59 Page 23 of 23