MALIK RAM BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment of conviction under S. 302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of imprisonment for life passed by the learned Additional Sessions Judge, Sambalpur is assailed by Malik Ram Bhoi (hereinafter referred to as the 'accused').

(2.) Sans unnecessary details, the accusations which led to the trial of the accused are as follows : One Bipin Bihari Pradhan (hereinafter described as the 'deceased') lost his life for intervention in a family quarrel. Khenjad Khadia (P.W. 6) and his wife were quarrelling inside their house. The deceased who is brother of one Jagadish Pradhan, the informant (P.W. 5) went to the house of P.W. 6 and requested him and his wife not to quarrel with each other. The differences between them subsided, and while the deceased was coming back the accused came running and challenged the deceased as to why he had come there. Suddenly he gave a knife blow on the lower abdomen and receiving the injury the deceased ran on the village road. After running a few yards he fell down near a tube well. He was shouting that the accused had stabbed him with a knife. Near that tube well, Upendra Chandra Badhei (P.W. 1), Hrudananda Majhi (P.W. 3) and Nabakishore Pradhan (P.W. 4) were sitting and they came near the deceased and asked as to what had happened. The deceased disclosed that he was stabbed by the accused. P.Ws. 1, 3 and 4 noticed that the deceased was seriously injured and therefore, he was taken to the Orient Colliery Regional Hospital, Brajrajnagar. P.W. 5 was informed about the occurrence. P.Ws. 1, 3, 4 and 5 accompanied the deceased to the hospital. Coming to know that the deceased sustained a stab injury, the Sub-Inspector of Police in charge of the Orient Colliery Out Post made a station diary entry and sent a message to Brajrajnagar Police Station. On receipt of the message another station diary entry was made. The Sub-Inspector in-Charge of the Out Post came to the hospital where an oral report was made by P.W. 5. The Medical Officer of the hospital was requested to record the dying declaration of the deceased. Accordingly the doctor (P.W. 8) recorded the dying declaration in the presence of Parsuram Saha (P.W. 12) and others. The dying declaration has been marked as Ext. 9. Subsequently the deceased succumbed. Investigation was undertaken and on completion of investigation charge sheet was submitted.

(3.) The accused took a plea of false implication. He took a positive stand that the case has been falsely foisted against him on account of previous enmity.