SAMSER AHMED KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE sole accused, in S.T. No. 63/24 of 1989 of the Court of the Additional Sessions Judge, Rourkela, has filed this appeal calling in question the validity, legality and propriety of the order of the trial Court whereby he has been convicted under Section 302 of the Indian Penal Code (for short "IPC") for commission of murder of one Basir Hussain and sentenced to imprisonment for life.

(2.) THE short history of the prosecution case is that on 2.3.1982 at about 8.30 P.M. deceased Basir Hussain along with some Ors. was taking tea in the tea -stall of Muna Nath Choudhury (P.W.6). At that time, all on a sudden, the Appellant appeared there and called Basir on the pretext that the former had some urgent work with him. Both of them went to a little distance in front of the tea -stall. It is alleged that the Appellant pierced knife blows on the abdomen and chest wall of Basir, as a result of which he sank down with bleeding injuries. The neighbouring people rushed to the spot and some time thereafter police also arrived there. The Police authorities shifted the injured Basir to the Government Hospital for treatment. The Medical Officer, who was on duty, recorded the dying declaration of Basir, following which he succumbed to the injuries.

(3.) THE prosecution in order to bring home the charge to the Appellant had examined eight witnesses, of whom P.Ws. 1, 2, 3 and 5 are the persons of the locality where the incident took place, P.W.6 is the owner of the tea -stall, P.Ws.4 and 7 are doctors and P.W.8 is the police officer who investigated into the case. The defence did not choose to examine any witness.