BISHNU DAKUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant Bishnu Dakua faced trial in the Court of Ad hoc Additional Sessions Judge, Fast Track Court No. 4, Bhubaneswar being charged under Section 302 Indian Penal Code in Criminal Trial No. 7/55 of 2008 for committing murder of Bhagaban Goud (hereinafter "the deceased") on or about 6.7.2007 night at Salia Sahi, Sriram Nagar. The Learned Trial Court vide impugned Judgment & Order Dated 29.8.2009 found the Appellant guilty under Section 302 I.P.C. & sentenced him to undergo imprisonment for life & to pay a fine of Rs. 5,000 & in default to suffer R.I. for a further period of six months. The prosecution case as per the First Information Report lodged by one Ganesh Gauda (P.W. 7) of village Badakholi before the Inspector-in-Charge, Nayapalli Police station on 6.7.2007 at about 4.00 a.m. is that P.W. 7 was working as a daily labourer & staying at Salia Sahi of Sriram Nagar since last 15 days. On 5.7.2007 in between 8.00 p.m. to 9.00 p.m. while he was going to take his dinner, the landlord of the rented house where the Appellant & the deceased were staying came to him & informed him that the Appellant & the deceased had a tug of war & one of them is lying on the ground. Receiving such message, P.W. 7 proceeded to the spot & found that the deceased was lying injured in front of the shop room situate close to the house of the landlord. When P.W. 7 asked the deceased about the injury, the deceased disclosed that there was a quarrel between him & the Appellant over cooking & the Appellant stabbed him. Immediately P.W. 7 & another shifted the deceased to a private clinic where first aid bandage was tied on his abdomen. The doctor told them that in case the deceased was not cured, he should be shifted to Unit-VI Hospital, Bhubaneswar. During course of treatment, some other persons arrived at the clinic & the deceased was then brought back to his rented house. Some persons suggested that the deceased should be taken to some other place as there was quarrel between him & the Appellant & accordingly the deceased was taken to the school verandah. The landlord came & informed about the arrival of the Appellant in the house & accordingly P.W. 7 & others apprehended the Appellant. The matter was intimated to the Police Station & with the help of police the deceased was shifted to Unit-VI Hospital, Bhubaneswar, where he was declared dead. Basing on such information of P.W. 7, on 6.7.2007 at 4.00 a.m. Nayapalli P.S. Case No. 215 of 2001 was registered under Section 302 I.P.C. against the Appellant. After registration of the case, I.I.C., Nayapalli P.S. directed S.I. Rabi Narayan Padhi (P.W. 4), of said Police Station to investigate the matter.

(2.) The defence plea is one of denial. It is pleaded by the Appellant that the deceased was his close friend & both of them were staying together in one room & cooking food in that room & on the date of occurrence, he was not present in his rented room & had gone to his work place & he has been falsely entangled.

(3.) In order to prove its case, the prosecution examined 7 witnesses. P.W. 1 Rabindra Pradhan is the landlord of the house where the Appellant & deceased were staying together. He has a grocery shop near the spot & he stated about the push & pull between the Appellant & the deceased on the road & found that the deceased has received bleeding injury on the lower part of the abdomen & the Appellant leaving the spot telling "let him die". He further stated about the shifting of the deceased to the hospital & apprehension of the Appellant during late night of the occurrence.