RABI @ MAGUNI @ MANGULU MAHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal at the instance of the sole Appellant Rabi @ Maguni @ Mangulu Mahakud is directed against the judgment dtd. 18.3.1994 passed by the Sessions Judge, Keonjhar at Champua in Sessions Trial Case No. 45/1992 convicting the Appellant under Section 302 of the Indian Penal Code and sentencing him there under to suffer imprisonment for life.

(2.) THE story in brief is that P.W. 2 -Padma Lochan Sahu being the father of the deceased Biswanath Sahu lodged a complaint on 2.1.1992 at 4.40 P.M. before the Joda Police Station alleging, inter alia, that he had a grocery shop in the super market of Joda. His son Babu @ Biswanath Sahoo (deceased) aged about 22 years used to sleep in the shop room every day. The day before the report was submitted, it is alleged, the deceased had gone to Gourabeda with some of his friends and came back in the evening. At about 11.30 P.M. in the night he went to the shop to sleep. Since he did not return home in the morning the informant went to the shop room and opened the shop room with other key which was in his possession and found his son lying dead in a pool of blood. He heard at the spot that while coming back with his friend from Gourabeda the deceased had altercations with some people and he suspected that those people killed his son. On the basis of the said oral complaint a case under Section 302, Indian Penal Code was registered at the said P.S. against unknown accused. On conclusion of the investigation, Police submitted charge sheet against the present Appellant under Section 302 of the Indian Penal Code. In usual course, the case was committed to the court of the learned Sessions Judge, Keonjhar. On perusal of the materials on record, learned trial Court framed charge under Section 302, Indian Penal Code against the Appellant to which he pleaded not guilty. In course of the trial in all 8 witnesses were examined on behalf of the prosecution. No evidence was adduced on behalf of the Appellant. In course of trial the plea of the Appellant was a complete denial of the prosecution case as alleged.

(3.) WE do not refer to other evidence on record as they do not have much bearing upon this case apart from what has been stated by P.W. 7 in his evidence. P.W. 7 -Nirmal Kumar Sahu Barma stated in his evidence that about 2 years before his deposition was recorded he was living at Joda where he had a Torch repairing shop. He knew the Appellant. At that time the Appellant was also living in Joda and he used to collect fees from shop keepers. The barber's shop of one Srinibas Barik was the adjacent shop of the Torch repairing shop of this witness. In the night, this witness used to sleep in the shop of the barber, Srinibas Barik. The grocery shop of Madan Sahu, the father of the deceased, was situated in front of this witness shop. During the night of occurrence around 2.00 A.M. when this witness was sleeping in the barber shop of Srinibas Barik, he heard the voice "MOTE ATA DIA" meaning thereby to "give me Ata". Immediately after that this witness heard the cry "save me, I am being killed". On hearing this cry when this witness came out of the barber's shop where he was sleeping he could see the Appellant handing over a knife to one person. That knife was stained with blood. The person who collected the knife from the hand of the Appellant asked the Appellant to take the life of this witness as this witness saw the occurrence. Immediately on this the Appellant rushed at P.W. 7 and gave him two slaps on his cheek and cautioned that in case he disclosed the incident to anybody, he would be killed. After the Appellant locked up the grocery shop of the deceased, being accompanied by two other boys, proceeded towards Hanuman Temple. The Appellant and other two persons who accompanied him, covered their head and face with monkey caps. He could identify the Appellant by his voice. The Hanuman Temple towards which the accused and his companions proceeded was at a distance of about 20/25 feet from the grocery shop of the deceased. When they were so proceeding towards the Hanuman Temple, a white vehicle came from that side. On the number plate of the vehicle it was written "BR -41". The Appellant and his companions left in that vehicle towards Barbil road. On seeing this incident, P.W. 7 was frightened and out of fear he left for Ranchi in the very next morning apprehending danger to his life. His statement was also recorded before the Magistrate under Section 164, Code of Criminal Procedure This is in short the evidence given by this witness.