RATAN HARIJAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.3.1996 passed by the Learned Addl. Sessions Judge, Jeypore in Sessions Case No. 117 of 1995 whereby the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution as emerges from the FIR and the evidence on record, in brief, is that on 31.5.1994 at about 10 p.m. while the informant and her husband were quarrelling with each other on the 'Pinda' of their house, the accused -appellant came there and asked as to why they were making hullah and so saying he gave a fist blow on her chest. Such action of the appellant was protested by the deceased, husband of the informant. The accused -appellant went away and came with an axe. But Buti Bhotra (P.W. 4) and Paul Harijan (P.W. 3) snatched away the axe from him. Thereafter, the accused -appellant went away and the informant and her husband were present on the 'Pinda' of their house. Some time after, the accused -appellant again came and gave a knife blow on the abdomen of the deceased, as a result of which, he fell down on the ground by shouting that the accused -appellant stabbed him. Thereafter, the accused -appellant fled away from the spot with the knife. Hearing the cry of the informant, her neighbours (P.Ws. 3 and 4) rushed to the spot before whom the deceased disclosed that accused -appellant stabbed on his abdomen with the knife and so saying, he became unconscious. He was taken to Jeypore hospital for treatment where on 2.6.1994 at about 6.45 a.m. he succumbed to the injuries. The case was originally registered under Section 307, IPC and subsequently it was turned to one under Section 302, IPC. After closure of investigation, final form was submitted under Section 302, IPC.

(3.) IN order to substantiate its case, prosecution examined as many as thirteen witnesses. P.W. 1, wife of the deceased, is the informant and an eye witness. P.W. 2 is the minor son of the deceased and a witness to the occurrence. P.Ws. 3 and 4, neighbours of the informant, are post occurrence witnesses. P.Ws. 5, 6 and 7 are witnesses to seizure. P.W. 9 is the doctor, who initially treated the deceased at jeypore Hospital as an indoor patient. P.W. 11 is the doctor, who conducted autopsy over the dead body of the deceased. P.Ws. 10, 12 and 13 are the Investigating officers.