GAJENDRA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 20.11.2000 passed by the learned Addl. Sessions Judge, Sonepur in Sessions Case No. 16/10 of 2000 in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo Imprisonment for life.

(2.) The prosecution case, in brief is that on 23.04.1997 at about 5.00 P.M. the present appellant-Gajendra Bhoi along with one Chakadola Gura came to the liquor Bhati namely "Gatarkela country liquor distillery and sales shop" wherein the deceased-Kasinath Prasad was working as Manager and Ramavatar Prasad (P.W.4) as the gadidar, and they asked P.W.4 to give them liquor free of cost. P.W.4 when denied to give them liquor free of cost, they became angry and picked up a quarrel with him. However, one Santosh Sandh who was then working in a nearby sugarcane field intervened and was able to persuade the present appellant and his accomplice to leave the place. Shortly after this incident the present appellant again came to the bhati being accompanied by Chakadola and quarreled with P.W.4, the gadidar and also assaulted P.W.4, however they were again persuaded by Sanotsh Sandh and one Ganesh to leave the place. At that time Kasinath the deceased was not present in the bhati having gone to Sonepur for some work. While going away from the bhati, the present appellant had threatened P.W.4 to see him. Some time thereafter the deceased Kasinath Prasad, the Manager of the bhati returned from Sonepur and sat on a chair in front of the bhati house. At about 7.30 P.M. on that day while the deceased was sitting on the chair, the present appellant and his four accomplices, namely Subal, Beda, Chakadola and Trilochan came to the bhati and of them Subal gave a 100 rupee note to P.W.4 and asked him to give liquor. P.W.4 received the money and went inside the bhati to bring liquor. Beda Jena and Subal while followed P.W.4, the present appellant and his friend Chakadola stood near the deceased Kasinath Prasad who was then sitting on a chair. While P.W.4 was bringing liquor, he heard the deceased Manager, Kasinath Prasad shouting as "CHURA MARDIA, CHURA MARDIA". Kartik Bagarty (P.W.3) a cook under the deceased Kasinath and Akrura Guru (P.W.1) a labourer who were present inside the bhati at that time, they also heard the deceased shouting "CHURA MARDIA CHURA MARDIA". All of them came out immediately and found the deceased Manager was lying in a pool of blood in front of the main gate of the bhati house, who died soon. Immediately after such occurrence, P.W.4 straightway headed to Sonepur P.S. where he reported that in the evening at 7.30 P.M., while he was in the bhati he heard the deceased Manager shouting "CHURA MARDIA CHURA MARDIA" and when he came out, the deceased was lying dead in front of the main gate of the bhati house. Shortly after such oral report, which was reduced to writing by the O.I.C., the O.I.C. reached the spot and investigated into the matter. He noticed a stab wound on the left side neck of the deceased, besides one abrasion near the left axial. The body of the deceased was sent to district headquarters hospital, Sonepur for autopsy. Akrura Guru (P.W.1), Kartika Bagarty (P.W.3) and Ramavatar Prasad (P.W.4) told the Investigating Officer (P.W.5) that the present appellant-Gajendra along with his four accomplices were seen running away from the place of assault shouting after the stabbing of the deceased. All the four accomplices were arrested, while the present appellant remained absconded. After completion of investigation, charge-sheet was submitted finding sufficient evidence against the appellant to have committed offence under Sections 302/34 I.P.C. As the present appellant was absconded, the case record was split up against him and the trial in respect of other accused persons were concluded. In the instant case, the present appellant on being arrested and taken to custody, the split up case was taken up.

(3.) The appellant's defence plea was one of complete denial.