STATE OF ORISSA Vs. GULU @ BIBHUT I MISHRA

JUDGEMENT

(1.) THIS appeal by the prosecutor -State is directed against the impugned judgment of acquittal dated 1.11.94, of sole respondent Gulu@ Bhibuti Misra recorded by Additional Sessions Judge,Sambalpur, in S.T.No.245/19 of 1993, State of Orissa versus Gulu @ Bhibuti Misra, u/s 302 I.P.C.

(2.) PRECEDING background facts narrated as prosecution allegations against the acquitted accused, as was slated in the FIR,Ext.8, gathered during investigation and divulged in the Sessions trial revealed that Gourahari Misra/deceased was originally a resident of village Tagila Tiringipada, P.S.Kanpur, district Cuttack but on the day of the incident was a tenant of Sanatan Sahu/PW 4 in his house situated at Shanti Nagar, Budharaja area, in Sambalpur town and was residing with his wife Sabitri Misra/PW 12 and daughter Rinki Misra/PW 11.Accused respondent Gulu @ Bibhuti Misra, used to visit them off and on and was their distance relation. Before the ill fated day of his murder his younger brother Bhawani Shankar Misra/PW 9 and sister -in - law Swarnalata Misra/PW 10, had written an inland letter, Ext. 13, dated 28.4.93 to Gourahari Misra(deceased) warning him to refrain from allowing respondent accused to reside with them in their house because he had challenged to see him(Gourahari Misra - deceased). In spite of the above warning letter, on the intervening midnight between 6/7.5.93, respondent accused knocked at the door of the deceased and was allowed access inside the house and was offered a mat to sleep. Then all the inmates and the accused went to sleep. Following day dawn at 4.30 a.m., both PW 12, informant -wife and respondent accused got up to attend nature's call in a single lavatory situated inside. Accused was asked to go out for easing and PW 12 entered lavatory. After 5/7 minutes PW 12 heard groaning sound emanating from her husband's room and she quickly came out and rushed to her husband's bed room only to find him lying in a pool of blood with bleeding injury on the back side of his neck. She spotted respondent -accused fleeing from the house with blood stains on his person. Their daughter Rinki Misra/ PW 11 informed her mother /PW 12 that respondent accused had cut her father's neck with a Katari(chopper). W ife/ PW 12 shrieked for help which collected landlord/PW 4 and other neighbours including a doctor and an ambulance was also called but deceased lost his life by the time it arrived. Police of P.S.Ainthapali was also informed on phone which arrived at the spot and there at the incident scene itself widow/PW 12 orally dictated her FIR/Ext.8 to the Officer -in -charge of the said P.S., who penned it down and on its basis formal FIR was registered at the police station.

(3.) UNDER the orders of the Officer -in -charge S.I. Priyaranjan Satpathy/ PW 8, commenced investigation into the crime, examined informant and other witnesses, sketched spot map, Ext.9, conducted inquest over the dead body and prepared inquest report Ext.4, and dispatched the deceased cadaver to VSS Medical College, Burla, for autopsy examination through constables Indramani Sahu, C/568 and Sripati Sahu C/1112 along with chalan Ext2. Weapon of assault Bhujali (M.O.II) and dried blood at the spot were collected and seized vide seizure list Ext.6. Blood stained Lungi of deceased (M.O.III), blood stained bed sheet (M.O.IV), and a pair of slippers were also seized vide seizure memo Ext 10. Inland letter Ext.13, was also seized vide Ext. 5. Besides all these, one blood stained Dhoti and a command certificate was also seized by the I.O. as per Ext.1. For chemical examination seized articles were dispatched to SFSL as per Ext. 11 through SDJM Sambalpur and report by chemical examiner is Ext.12. Accused respondent had surrendered in court and wrapping up the investigation against him, he was booked for trial by laying down a charge sheet against him on 29.7.93.