BABAJI CHARAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Babaji Charan Sahu and Pravasini alias Pravati Swain, the two appellants herein, stood charged under Sections 302 and 302/109, IPC respectively. On conclusion of the trial, the learned Sessions Judge, Cuttack, found both the appellants guilty of the offence as aforesaid and sentenced them to suffer imprisonment for life. Aggrieved by the judgment and order of conviction, they have preferred the present appeal.

(2.) The prosecution case culled out during trial, may briefly be stated thus :Dhadi Swain (hereinafter referred to as the 'deceased'), husband of appellant Pravasini, was earning his livelihood by working in the flour and flattened rice mill of Bipin Bihari Sahu, P.W. 1. On 22-5-90, the deceased as usual worked till 11 p.m. and then left for home, but within half an hour returned back to the mill premises and retired to bed. As it was Summer, P.W. 1 was sitting outside on a chair. In the meanwhile, both the appellants came near the mill premises and of them, appellant Pravasini called the deceased through P.W. 1. The other appellant Babaji stood at a little distance by the side of the road holding a bicycle. There was some discussion between the deceased and Pravasini, whereafter the former left for the village telling P.W. 1 that he would return after some time. Within few minutes of their departure, deceased raised cries that he was being killed, hearing which P.W. 1 and Jogendra Behera, P.W. 2, another worker of the mill, rushed in the direction wherefrom the cries of the deceased were emanating. Reaching at the spot, they found the deceased alone standing with bleeding injury on his neck. Both the appellants who were accompanying him were not present nearby. Seeing his condition, P.Ws. 1 and 2 asked as to who caused the injury, to which he replied that it was appellant Babaji who assaulted him. The deceased was immediately taken to Biridi Hospital where he succumbed to his injury. P.W. 1 lodged a written report (Ext. 1) at Jagatsinghpur P.S. whereupon a case under Sections 302/34, IPC was registered, investigation was taken up, and after close of investigation, charge-sheet was placed against both the appellants under Ss. 302 and 302/109, IPC to stand their trial.

(3.) The plea of the appellants was one of denial and false implication.