RAHIM KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment of conviction and order of sentence passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court -2, Cuttack in Sessions Trial No. 235 of 2003. The learned Additional Sessions Judge, Fast Track Court -2, Cuttack in the impugned judgment held the appellant guilty of the charge under Section 302 of the Indian Penal Code (for short "IPC") and sentenced him to undergo imprisonment for life. The prosecution placed before the trial Court a case that on 11 -9 -2002 night, B. Balakrishna (hereinafter referred to as "the deceased") along with his wife (P.W. 4), his one month old daughter and his sister (P.W. 1), the informant in this case, had been to the house of his first cousin -T. Sulapuri, at Tinikonia Bagicha, Cuttack to attend his grandson's birth ceremony. While they were returning therefrom to their house in the said night by walking on the road at about 10 p.m. near Redstar Club of Sutahat New Colony Club, Cuttack, the appellant accosted with the wife of the deceased addressing her as 'Madam' and thereafter made an attempt to snatch away the necklace from her neck. Seeing the same, when the deceased made protest, the appellant tussled with him and in course of the tussle, the appellant brought out a knife from his waist and stabbed the belly of the deceased with a knife which he was carrying then. The deceased, his wife and his sister raised shout and hearing their shout, when people nearby came to intervene, the appellant fled away from the spot, but the deceased with the injuries sustained chased him. The wife of the deceased and the informant came to their house and intimated the aforesaid fact to the other inmates, as such, the male members in their family proceeded to the rescue of the deceased and found the deceased was lying with the injuries near Moonlight School, wherefrom he was shifted to the City hospital and therefrom to S.C.B. Medical College and Hospital, Cuttack. But, the deceased succumbed to the injuries there. The matter was reported to the police at Cantonment Police Station, Cuttack by the informant (P.W. 1) orally in the same night which was reduced into writing (Ext. 1) by the police and Cantonment P.S. Case No. 64 of 2002 was registered, matter was investigated and on completion of investigation, police found substance in the information and placed charge -sheet against the appellant for commission of an offence under Section 320 of IPC. The learned S.D.J.M. (S), Cuttack took cognizance on the police report for the said offence and committed the case to the Court of Sessions.

(2.) PLACING reliance on such case of the prosecution, which was also supported by material evidence collected during the investigation, charge under Section 302 of IPC was framed against the appellant. As the appellant denied the said charge, the prosecution adduced evidence both oral as well as documentary and also exhibited Material Objects to bring home the charge.

(3.) IT appears that the trial Court, relying on the evidence adduced by the prosecution, more particularly the expert opinion disclosing that the deceased died a homicidal death vide post -mortem report, Ext. 5 and also the version of the eye -witnesses, i.e. P.W. 1, the informant and P.W. 4, who are the sister and wife of the deceased respectively, has returned the judgment and order of conviction and sentence, as stated earlier.