DURGA CHARAN BIRULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Convicted of an offence under Section 307, I.P.C. and sentenced to undergo R.I. (seven) years, the accused has preferred this appeal from Jail.

(2.) Accused and injured (P.W.8) belong to the same village and are in litigating terms.

(3.) At about 7.30 A.M. on 23/5/1987, P.W. 7 Ward Member of Balia Sahi, Samil Dhatikidihi reported at Tiring Police-station which is at a distance of 15 K.Ms. to South West of the village Makar Majhi of his village intimated him near his residence at about 6.30 A.M. in the morning that at Dhatikidihi on road side he found a man bleeding having cut injuries on his neck and right hand. When P.W. 7 went to the spot he found the same. When Called, he looked at him and on being asked, with much difficulty said his name to be Choki,. On again being asked he told that Durga is his assailant. He could not state his address or cause of assault. After that requesting the persons present to guard him, he came to the Police-station to submit the report. P.W. 9 the Assistant Sub Inspector of Police reduced the oral information of P.W. 7 to writing at Tiring Police- station as the Officer-in-charge was absent and registering a case, he rushed to the spot to reach there at 8.30 A.M. to find P.W. 8 the injured lying with the injures; He found injuries on neck, right hand wrist and chest of the injured (P.W.8) and he was not able to talk. He sent for the Police-jeep to remove the injured to hospital and brought him in the jeep to Rairangpur hospital and got the injured admitted. He requested Sub-divisional Magistrate for recording the dying declaration of the injured and an Executive Magistrate recorded the same on 23/5/1987 after the injuries were stitched and due treatment was given to the injured.