STATE OF ORISSA Vs. GANESH REDDY

JUDGEMENT

(1.) This Government Appeal is directed against the judgment dated 23-9-1997 passed by the learned Addl. Sessions Judge, Bhubaneswar in S. T. Case No. 21/366 of 1995 acquitting the accused-respondent of the charge under Sections 302/34, IPC.

(2.) The case of the prosecution as unfolded during trial is that on 9-11 -1990 the deceased had gone to Jatni fish market to purchase fish and vegetables. At that time, the respondent Ganesh Reddy and co-accused Sk. Hanif appeared and dealt blows on the chest, abdomen and other vital parts of the body of the deceased by means of knife and 'bhujali' and fled away. The deceased fell down with several bleeding injuries on his person. Immediately he was removed to Jatni P. H. C. and the doctor (P.W. 10), who was on duty, examined the deceased, recorded his dying declaration and informed the OIC, Jatni police station in writing. On receipt of the written information from the doctor, IIC, Jatni police station (P.W.9) treated the same as F. I. R., registered a case under Section 307 of the IPC and took up investigation. As the condition of the deceased became serious, he was shifted to Capital Hospital, Bhubaneswar, where he succumbed to the injuries on the dame day. Coming to know about the death of the deceased, P. W. 9 proceeded to Capital Hospital, held inquest over the dead body of the deceased, despatched the same for post-mortem, examined the witnesses and turned the case to one under Section 302/34 of the IPC. On 30-11-1990, coaccused Sk. Hanif surrendered before the learned S. D. J. M., Bhubaneswar. On the prayer of the I. O., he was remanded to police custody. While in police he made disclosure statement, led the police as well as the witnesses to the place of concealment and gave discovery of weapons of offence, i.e.. 'bhujali' and knife. Ultimately, charge-sheet was submitted as against said Sk. Hanif and the present respondent showing him as absconder under Section 302/34 of the IPC. Co-accused Sk. Hanif faced trial in S. T Case No. 27/325 of 1992 for commission of offence punishable under Section 302/34 of the IPC and was convicted thereunder and sentence to undergo imprisonment for life vide judgment and order dated 5-8-1995. The present accused respondent was subsequently apprehended and stood his trial on commitment of the case to the Court of Session.

(3.) During trial accused-respondent took the plea of complete denial of the charges levelled against him. To bring home the charge, prosecution examined as many as eleven witnesses including the two doctors and the I. O. and exhibited thirteen documents. The defence examined none but proved one document, i.e., certified copy of deposition of P. W. 6 marked Ext. A in S. T. Case No. 27/325 of 1992. On conclusion of trial, the learned trial Judge after assessing the oral and documentary evidence available on record acquitted the present accused-respondent of the charges levelled against him disbeliving the dying declaration Ext. 12 in view of the infirmities and improbabilities appearing in it and the circumstances under which it was recorded.