SAMIMULLA KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the appellants who have been convicted under S. 302 read with S. 34, I. P. C. and sentenced them to undergo imprisonment for life vide judgment dated 24-6-1999 passed by the learned 2nd Addl. Sessions Judge, Cuttack in Sessions Trial no. 196 of 1997.

(2.) FACTS as alleged by the prosecution are that on 6-8-1996 at about 6 p. m. appellants chased and assaulted the deceased at dargha Bazar by the side of the road of mosque locally known as Chhoti Maszid in a busy commercial centre of Cuttack. Immediately information was sent to police and on police requisition, the injured was shifted to SCB Medical College and Hospital, cuttack for treatment. During the treatment, he succumbed to the injuries at about 7. 12 a. m. on 7-8-1996. Samim, the brother of the deceased, got information from Sk. Babu that his brother was attacked by accused-Hira and Apun by knives by the side of chhoti Maszid road. He immediately rushed to the spot and found his brother lying in a pool of blood. When he asked the injured about the injuries, he disclosed that Hira and Apun attacked him by knives. On receiving information from the informant, police immediately reached the spot, investigated the case and found that the shutters of all the shops had been pulled down. Hence, they proceeded to the SCB Medical college and Hospital where finding the condition of the injured to be serious and deteriorating, they sent requisition to the Casualty Medical officer for recording dying declaration. The said Medical Officer recorded the dying declaration and on the next day as the injured died, they conducted inquest over the dead body and seized the bed-head tickets as it contained the dying declaration. After completion of investigation, police submitted charge-sheet under S. 302 read with s. 34, I. P. C. against the appellants and another Sajatulla (Saraju Mian ).

(3.) THE defence plea is one of complete denial. The accused persons took a plea that they are not the persons who are stated to be Apun and Hira in the case and accused-Sayad Hira in his statement under S. 313, cr. P. C. told his name to be Sayed Mustaq ali denying his name to be Sayed Hira.