BIJAYA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal appeal is directed against the judgment and order dated 9-12-1993 passed by the Second Addl. Sessions Judge, Ganjam, Berhampur in Sessions Case No. 22/1993 (S.C.No. 126/1993).

(2.) The accused-appellant alias Bijay was booked for trial under S.302, I.P.C.for committing murder of Krushna alias Satrughan Sahu. He was found guilty under the above section and convicted accordingly and sentenced to undergo imprisonment for life.

(3.) Briefly stated, the prosecution case is that the deceased and the accused being co-villagers were engaged in the business of labour contract in the State of Manipur. On 3-5-1985, the deceased had returned to his village, 10/15 days prior to the date of occurrence, the accused had also come back to the village. It is alleged that on 5-5-1985 at about 7 a.m., accused came to the house of deceased, called him and both of them went to village tea-stall for taking tea with one Laxman Sahu, (not examined). All the three persons came to the grocery shop of Pitabas Pradhan, P.W.5. It is stated by the prosecution that accused stabbed the deceased with a knife in the shop of Pitabas Pradhan, P.W.5. Thereafter, the deceased started running on the village road and was chased by the accused with the knife. While the deceased was running, the accused again stabbed him on the village road. The deceased fell down and crawled up to the house of Mangulu Swain, P.W.1. It has been alleged that at that place also accused dealt further blows by knife on the deceased. Thereafter, the accused was dragged away with the knife to his house and the deceased was shifted to his house and later on to Khallikote hospital by bullock-cart and tempo. He succumbed to the injuries at 10-30 a.m. Police was informed about the incident. The FIR has been marked as Ext. 5. After completion of investigation, charge-sheet was submitted showing the accused as absconder. He was apprehended subsequently and faced the trial.