MATHURA MURMU Vs. STATE

JUDGEMENT

(1.) On the accusation that Mathura Murmu, the appellant (hereinafter referred to as the 'accused') committed murder by intentionally causing the death of Raghunath Reddy (hereinafter referred to as the 'deceased') law was set into motion by P. Sanyasi Reddy (P.W. 1).

(2.) Briefly stated the prosecution case is that the deceased having migrated to Paradip from his native place Nandigaon of Ganjam district was working as a labourer at Paradip. The accused has also migrated to the same place from village Gadadoulia of Mayurbhanj district. He was also working as a labourer. The deceased, the accused, P.W. 1 and several others including Sahadeb Apta (P.W.2) and Pushiram Pradhan (P.W.10) were all residing at Adibazipada of Atharbaoki area of Paradip. In the morning of 28-9-l989 the accused had removed a bag of coal from the railway wagon for which the railway police caught him red handed. The accused ran away from the spot after quarrelling with the police. The deceased happened to be present there. At the request of railway police he helped them to place the bag of coal in the police office. The accused took exception to this act of the deceased and bore grudge. At about 3.30 p.m. in the afternoon while the deceased was standing near the shop of Ghanashyam Mohapatra (P.W. 6) the accused came and quarrelled with him. In the course of quarrel there was exchange of abusive words. P.W. 2 Sahadeb had come to the shop of P.W. 6 to make some purchases at that time. His shop was closed. He saw the accused and deceased quarrelling. On seeing him the accused went away. While Sahadeb was enquiring from the deceased, the accused went inside the pusti and suddenly came armed with a knife and stabbed on deceased's chest little above the abdomen by means of the knife and started running from the place. Dukhiram Pradhan (P.W.10) had also seen the stabbing while standing at a short distance from the place of occurrence. A hue and cry was raised by the deceased and P.Ws. 2 and 10. The deceased tried to go to his house with that injury but he could not proceed beyond the house of Puni Reddy (P.W. 7) and fell down in front of her house. In the meantime other witnesses also arrived at the spot. P.W. 4 chased the accused. At a place known as Sukhuakhala he was caught by the villagers and was detained with the bloodstained knife. Many others had also seen him running away. P.W.6 came to the house of P.W. 1 and informed him about the occurrence. Attempts were made to remove the deceased to the hospital by a trolley rickshaw. P.W. 1 proceeded to the hospital where he found the deceased lying with an injury on his abdomen. An oral report was lodged at Paradip police station upon which investigation was undertaken taken and on completion thereof charge sheet was submitted against the accused.

(3.) Plea of false implication was taken by the accused.