SAHEB RAM SURYABANSI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal against order of conviction under Sec. 440/302, IPC passed by Additional Sessions Judge, Rourkela in Sessions Trial No. 206/52 of 1990.

(2.) The brief fact of the case bereft of unnecessary details is that Kartika Ram Sarama (hereinafter referred to as "the deceased") was doing 'Jhada Phunka' (spiritual act) and curing ailments. On 9-7-1990 accused came to the house of the deceased and requested him to go to his house for curing his ailing wife. The deceased having expressed his inability because of his sickness, the accused left. Sometime thereafter, the accused returned with his wife and mother-in-law and again requested the deceased to perform the spiritual act on his wife and cure her of the ailments. The deceased again refused to do so and then accused stabbed the deceased on his back with a knife and the deceased fell down on the ground. After falling on the ground, the accused again stabbed him on his abdomen. There was perfused bleeding. The wife of the deceased who had seen the entire incident, raised hallah hearing which the relations and neighbours rushed to the spot and found the deceased lying with a pool of blood and the accused was standing near him holding a knife. The brother of the deceased Baiga Ram caught hold of the hand of the accused but he freed himself and went to Uditnagar Police Outpost and produced the knife before the Officer-in-charge. The relations and friends brought the deceased Kartika to the Police Out-Post and the wife of the deceased lodged the First Information Report. Then Kartika was sent to Rourkela Government Hospital and since his condition was very serious, he was rushed to Ispat General Hospital, where he succumbed to the injuries. A case under Sec. 302/449, IPC was registered against the accused-appellant. On completion of investigation and complying with the formalities, the police filed the charge-sheet.

(3.) The plea of the accused person was one of denial and that the deceased attacked him with a burning firewood and in order to defend himself, the accused picked up a knife lying nearby, but the deceased stumbled and fell on the knife, he was stunned for sometime and thereafter he came to Police Outpost and produced the knife.