DHANEI MAJHI Vs. STATE

JUDGEMENT

(1.) This is an appeal by a convict from Jail convicted under S. 302 I.P.C. and sentenced to undergo imprisonment for life. He had been prosecuted under Ss. 302/323/34 I.P.C. along with one Purna Majhi who has since been acquitted. A brief narration of the prosecution case is that on 27-1-1980 at 10 P.M. while P.W. 1 and her husband Bhada Majhi, the deceased, were returning to their house after consuming Handia(an intoxicant) in the house of P.W. 3, one Rangia Majhi dealt a stroke with a lathi on the back of the deceased as a result of which he fell down with his face upward. When P.W. 1 tried to intervene, Rangia also dealt two strokes on her, one on the left shoulder and the other on her buttocks. While the deceased had fallen down, the appellant stabbed a knife in his right chest causing profuse bleading making him senseless and ran away after withdrawing the knife. The injured was removed to Udala hospital on the next day morning at 8.15 A.M. but since his condition was serious, the doctor recorded his dying declaration on being requisitioned by the investigating officer, after which he was removed to Baripada hospital on the same day where he expired on 11-2-1980. The incident had been reported by P.W. 3 orally at the Kusalda Police Out Post at 2.30 P.M. on 28-1-1980 on the basis of which a station diary entry, Ext. 11. had been made and on the same day on the oral statement of P.W. 1, the A.S.I, of Kusalda Police Out Post, P.W. 3, recorded the F.I.R., Ext. 12, and P.W. 1 put her L.T.I, thereon after the contents were read over and explained to her. The appellant was arrested on 30-1-1980. The knife, M.O.I., was recovered in pursuance of the information of the appellant from inside a paddy bundle kept in his house. On completion of investigation, charge sheet was submitted. It is stated at the Bar that Rangia Majhi, who gave the first blow to the deceased, has been absconding and hence the trial proceeded only against the two accused persons.

(2.) The defence plea is one of complete denial.

(3.) As regards the nature of injuries sustained by the deceased, the statement of P.W. 5, the doctor who first examined him at Udala hospital on 28-1-1980, is that there was one stab injury in the front chest from which air was coming out during 'inspiration' which is probably a mistake for 'inhalation'.