ROHITAALIAS SUMANTA DALAIALIAS DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal from jail, the Appellants challenge the judgment and order dated 27.08.1998 passed by learned Second Addl. Sessions Judge, Cuttack in S.T. No. 185 of 1997 convicting them under Section 302/34, IPC and sentencing them to undergo imprisonment for life.

(2.) Prosecution case in brief is that on 06.10.1996 at about 3.00 PM both the Appellants called the deceased from his house. The deceased accompanied them. After half an hour of departure of the deceased, one Bharati, who was otherwise called as Bhaga, came and reported the mother of the deceased (P.W.1) that her son was lying in a pool of blood near the house of Mangal Singh. P.W.1, her husband (P.W.2) and their son-in-law (P.W.8) rushed to the spot and found the deceased was lying in a pool of blood. His intestine had come out and there was also injury on the neck. On query, the deceased disclosed that Rohit and Kusa (present Appellants) had stabbed him. The deceased was shifted to S.C.B. Medical College Hospital. P.W.2, the father of the deceased, orally reported the matter in the hospital itself to the I.I.C., Chauliaganj P.S. which was reduced to writing by an A.S.I, of police. On the basis of the said report, the case was initially registered under Section 307/34, IPC and after the death of the deceased it turned to one under Section 302/34, IPC. Police took up investigation and after its completion submitted charge-sheet against both the Appellants.

(3.) Plea of the Appellants is complete denial of their involvement in the commission of the offence.