BANAMALI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant who was the accused in S.C. No. 2 of 1994 under Section 302, I.P.C. before the Sessions Judge, Bolangir for the commission of murder of one Rohit Chandra Nag having been convicted and sentenced to undergo imprisonment for life, has questioned the judgment/order passed by the trial Court.

(2.) The brief narration of the prosecution case as unravelled in course of trial is as follows : On 21.6.1993 at about 7.00 P.M. the appellant was seen chasing the deceased Rohit Chandra Nag being armed with a knife. The deceased sustained stab injury and fell down. P.W. 2, the wife of the deceased, arrived at the spot after a few moments, before whom, it is alleged, the deceased had stated that the appellant had stabbed him on his abdomen. He was then removed to the hospital. In the hospital Rohit Chandra Nag gave a dying declaration before the doctor implicating the appellant to have stabbed him. Within a few hours of the incident while he was taken to Burla Hospital for better treatment, he collapsed on the way. Therefore, the appellant was prosecuted for the commission of murder of Rohit Chandra Nag punishable under Section 302, I.P.C.

(3.) The appellant however refuted the charges and pleaded innocence.