JOGENDRA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19.12.1994 passed by the learned Sessions Judge, Sundargarh in S.T. No. 25 of 1994 convicting the Appellant under Sections 302 and 324, Indian Penal Code and sentencing him to imprisonment for life under Section 302, Indian Penal Code and R.I. for a period of six months under Section 324, Indian Penal Code with a direction that the sentences would run concurrently.

(2.) THE prosecution case in brief is that P.W. 12 -Jaga Behera on 24.9.1993 at about 5 P.M. came to Rajgangpur Police Station and lodged an oral complaint stating, inter alia, that he was the helper of a truck bearing registration number OSN 344. When he was coming in that truck being driven by the driver -Susil Ekka (since deceased) towards Rajgangpur loaded with Lime Stones, a bus of Orissa State Road Transport Corporation came from Rourkela side towards Sundargarh and as the said bus driver did not give sufficient space for the truck of the informant for proceeding further, there was an altercation between the accused Bhaskar Rana (since acquitted) driver of the bus and P.W. 11 -Marianus Kujur, the driver of the truck which was plying along with the truck of the deceased. The passengers of the bus got annoyed. At that point of time accused Bhaskar Rana, the driver of the bus assaulted P.W. 11. Subsequently, Jogendra Patra, another driver of the same bus, assaulted P.W. 11 with a knife causing severe bleeding injury on his forearm. Seeing this, deceased Susil Ekka, who was the driver of another truck plying along with the truck of P.W. 11, came forward and intervened in the matter and attempted to snatch away the knife from the hands of the Appellant. However, the Appellant inflicted penetrating wounds with a knife on the belly and chest of the deceased. Consequently, the deceased fell down on the road having severe bleeding injuries on his person and lost consciousness. Immediately after the incident, the informant with the help of others, shifted the deceased to the hospital. It was further alleged that the condition of the deceased was precarious. Subsequently, the deceased was shifted to Ispat General Hospital, Rourkela. Marianus Kujur (P.W. 11) was taken to Rajgangpur hospital for his treatment. On the basis of the said oral complaint, which was reduced to writing by the concerned police officer of the police station, a case under Section 307, Indian Penal Code etc. was registered at the said police station against the Appellant and the acquitted accused. A day or two after the incident, the deceased succumbed to his injuries and accordingly, Section 302, Indian Penal Code was added to the charge. On conclusion of usual investigation, police submitted charge -sheet under Sections 302, 324/34, Indian Penal Code against the Appellant and Bhaskar Rana (since acquitted).

(3.) THE defence plea of the Appellant and his co -accused appears to be that the Appellant never inflicted stab injuries on the deceased. However, when the Appellant along with his co -driver Bhaskar Rana were proceeding along the road, at the spot of the incident, a part of the road was under repair and the remaining portion of the road was too narrow to allow two vehicles to pass through that narrow passage simultaneously and in that circumstance, when the bus driver signaled to retreat and make sufficient room for the bus to pass through that narrow part of the road, the truck driver refused to retreat and insisted that the bus should retreat to give passage to the truck. In that process, there was altercation. In that circumstance, accused Bhaskar (driver of the bus) got down from his bus and assaulted the driver of the truck P.W. 11. To rescue P.W. 11 the deceased intervened and there was some scuffle. The Appellant also sustained some minor injuries. However, the Appellant denied that he was responsible for any of the stab wounds inflicted upon the deceased.