RABI BEHERA Vs. STATE

JUDGEMENT

(1.) Accused is petitioner in this revision against his conviction u/ Ss. 307 and 458 IPC for which he has been sentenced to undergo rigorous imprisonment for six years under S. 307, IPC, and for one year u/ S. 458, IPC. In respect of his conviction u/ Ss. 457 and 326, IPC, which is also assailed, no separate sentence has been passed.

(2.) P.W. 1 had taken the first floor of the house of P.W. 8 at Khatbin Sahi of Cuttack Town on rent, where he was residing with his family members. P.W. 5 is his younger brother who was staying with him. On 18/ 19- 8-1983 at about 2 a.m. in the dead of night. P.W. 5 came out to urinate. He found the utensils and other household articles scattered. When he was trying to find out the cause for the same, petitioner who was concealing appeared and stabbed P.W. 5 with the knife he was holding. That night, P.W. 2 eldest sister of P.Ws. 1 and 5 was in the house. Rearing shout of P.W. 5 when she came out, she found that P.W. 5 was lying on the floor with bleeding injuries. When she found petitioner was scaling over the well to escape from the house she caught hold of the petitioner. Petitioner fell down. When she shouted for help others came. Petitioner was detained and intimation was sent to police station. Investigating Officer immediately reached spot and received the written first information report at the spot. After investigation, he submitted charge-sheet against petitioner and other accused persons.

(3.) Case of petitioner in one of denial of occurrence and he pleaded not guilty to the charges.