BISHNU CHARAN DAS Vs. STATE

JUDGEMENT

(1.) By this appeal from jail the appellant has challenged the order of conviction u/s.302, I.P.C. and sentence passed against him by the learned Sessions Judge, Cuttack, in Sessions Trial No.5 of 1980.

(2.) A brief narration of the facts leading to the present appeal is that on 7-6-1979, P.W.7, the younger brother of the appellant, requested the appellant to hand over the amount of Rs. 200/- which was kept in deposit with him for the purpose of the marriage of their sister Janaki. The appellant told P.W.7 that al that moment he did not have the money and that he would give the money in the month of Ashadh next. When this matter was reported to the deceased, the middle brother the deceased requested the appellant to give the money. The appellant gave him the same reply as was given to P.W.7. Then the deceased told the appellant that money should be raised even by pledging the rickshaw which was purchased with the joint family fund for purchasing a bicycle to be given as dowry to Janaki. The appellant objected to this suggestion, but the deceased being insistent tried to take away the rickshaw for pledging the same, and, as a matter of fact, he removed the rickshaw for a short distance when the appellant came with a dagger and inflicted a blow with the same on the deceased's chest. As a result of the blow, the deceased fell down. He was immediately removed to the Indupur Primary Health Centre where Dr. Nilambar Rath, P.W.9, found him to be dead.

(3.) P.W.7 lodged the First Information Report at the police station. On receipt of the report, the police swung into action, came to the place of occurrence, held inquest on the dead body and the dead body was sent for post-mortem examination. The appellant was arrested on 10-6-1979. During the course of investigation, certain material objects were seized and they were sent for chemical examination which in turn were sent to the Serologist for opinion.