SANJAYA DEM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of Sanjaya Dom (hereinafter referred to as 'appellant') is directed against the judgement and order of the learned Additional Sessions Judge, Rourkela convicting him under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The appellant along with one Pagla @ Ranjit Dom and Kankad Dom stood charged under Sections384/34, I.P.C. for intentionally putting the deceased Niranjan Singh and his wife Ramabati Singh (P.W. 10) in fear of causing bodily injury to them and thereby dishonestly inducing them to deliver Rs. 20/- and some fire wood and under Sections302/34, I.P.C. for committing murder intentionally causing the death of said Niranjan Singh in furtherance of their common intention. The learned Additional Sessions Judge acquitted the appellant and the aforesaid two co-accused persons of the charge under Sections384/34, I.P.C. The above named two co-accused persons, namely, Pagla alias Ranjit Dom and Kankad Dom were also acquitted of the charge under Sections 302/34, I.P.C. It is the appellant who alone has been found guilty under Section 302, I.P.C. simplicitor and has been convicted thereunder.

(3.) The prosecution case, briefly stated, is that Niranjan Singh (hereinafter referred to as 'the deceased') with his family members was staying in his 'jhumpudi' at Kahulpali since 8 years within the jurisdiction of Plantsite (Rourkela) police station prior to the occurrence which took place on 28-2-1991. It was the day of Holi festival. In the evening of that day the appellant and his co-accused persons (since acquitted) collected some fire wood and subscription of Rs. 20/- from the deceased for the purpose of bonfire to celebrate the Holi. At about 11 p.m. in the night while the deceased was taking food, his wife (P.W. 10) heard some sound. She came out and found that the appellant and the co-accused persons were taking away her fire wood. Seeing this, she called her husband who came out and scolded them saying that although he subscribed money and fire-wood to them, they were not satisfied with that and were stealing his article by exhibiting 'Dadagiri'. At this, the appellant dealt blows to the deceased and the other two co-accused persons after getting sticks from the fire place also started assaulting him. The deceased Niranjan continued to abuse them. The appellant, however, went away to his house saying that he would bring some article and returned immediately with a knife and with that knife stabbed on the belly of the deceased. As a result of the stabbing, some portions from inside the belly came out. The deceased went inside the house holding the belly and fell down. The accused persons seeing this ran away. After a short while the deceased expired. The widow (P.W. 10) immediately rushed to the house of one Arun Babu where her eldest daughter was working as a maid servant. She narrated the incident to her daughter as well as to Jibrael Tirkey (P.W. 2) and requested the latter to inform the matter at the local police station. Getting the information from P.W. 2, the police came to the spot where the widow (P.W. 10) lodged the F.I.R. (Ext. 5). The police took up investigation and submitted charge sheet which has ultimately ended in the conviction of the appellant as indicated hereinbefore.