BANEMBER MALLICK Vs. STATE

JUDGEMENT

(1.) Love is blind, asserts the appellant and contends that un-recruited love causes loss of control over feelings. The appellant, a young person faced trial for allegedly causing death of one Keshab Mallick, whom he believed to be the person responsible for the breaking of his relationship with one Kuni.

(2.) The prosecution case briefly stated, is that on 5-6-1984 near about noon, the deceased was found running towards Johalgada and the accused-appellant was chasing him in a cycle. The deceased while running was shouting for help. The deceased in his attempt to escape, desperately tried all possible sources, changed his way and ran to a paddy field in village Anantapur and the appellant throwing his cycle, chased him holding a knife in his hand. The deceased asked for help from one Dillip Kumar Samanterey (P.W. 9) and in spite of attempts of P.W. 9 to save him from the appellant, several stab injuries were inflicted and the deceased succumbed. The appellant was then caught hold of by P.Ws. 4, 8 and 9 and some of the villagers. On being questioned, the appellant stated that the deceased was the cause for breaking of his relationship with Kuni and therefore, he had done away with the deceased.

(3.) The defence case is a denial of the prosecution version. While accepting that the deceased was more or less responsible for breaking of the relationship, it was pleaded that at the proposal of the deceased, the appellant was coming to the house of one Dibakar Samantrey of village Anantapur on 5-6-1984 for settlement of the dispute relating to Kuni; on the way suddenly without any rhym or reason the deceased caught hold of the neck of the appellant and stabbed him on his left arm and on his forehead with a knife, and the appellant tried to protect himself; but both of them rolled over and while struggling both of them received injuries from the knife held by the deceased, and the appellant snatched away the knife from the hand of the deceased and ran towards the road.