STATE OF ORISSA Vs. RASU GAMANGO

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Additional Sessions Judge, Berhampur, acquitting the respondent of a charge under Section 302 I.p.C.

(2.) The prosecution case in brief is that deceased Surya Gamango of village Kakaul within Serango Police Station of Ganjam District was sleeping inside a hut, along with his minor son (P.W.2), situate on his thrashing 1100r at a little distance from his residential no use on 1-12-1981. At about 10 Oclock at night, the respondent came and by means of a Chella (a small spear) stabbed the deceased on the abdomen resulting in a severe bleeding injury. The deceased woke up and raised a hue and cry to the affect that he had been stabbed by the respondent. Several people including his wife (P.W. 1) and some other witnesses arrived, before whom the deceased expressed that the respondent stabbed him by means of a Chella and ran away. In order to savel his life, the deceased was removed to Guma Primary Health Centre where he was given treatment. He also made a dying declaration (Ext. 4) which was recorded by the Medical Officer (P .W. 7). The deceased, however, did not survive and-succumbed to the injury. F.I.R. (Ext.2) on the report of the Medical Officer, Guma Primary Health Centre, was registered. Investigation commenced, and after close thereof, charge-sheet was submitted against the respondent.

(3.) The respondent during trial denied that he was the author of the crime.