TUTU ALIAS BISWAJIT PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) TUTU alias Biswajit Pattanaik (appellant herein) stood charged with having committed an offence Under Section 302, of the Indian Penal Code (hereinafter referred to as 'IPC') whereas one Anam Das alias Bhoi (since acquitted) stood charged Under Section 212, IPC. Upon trial, the learned Sessions Judge, Puri while acquitting Anam Das of the charge, convicted the appellant Under Section 302, IPC and sentenced him to undergo imprisonment for life. Aggrieved by the judgment and order of conviction, the appellant has preferred the present appeal.

(2.) THE pith and substance of the prosecution case culled out during trial may be stated thus : Budharama Narayan Mohapatra alias Gedu (hereinafter referred to as 'deceased') was the driver of a Matador vehicle bearing Registration No. OAC 825. On 13.11.1989 in the afternoon, he left with the vehicle from Puri to Brahmagiri. The appellant travelled in the said vehicle sitting by the side of the deceased. On the same day, the vehicle returned to Puri and reached at 8.45 P.M. Besides the appellant, there were four passengers who alighted from the vehicle and left for their home. The appellant got down from the vehicle and had some discussion with the deceased, in course of which he whipped out a knife and stabbed the deceased on his abdomen, shoulder, arm and forehead. Being so assaulted, the deceased ran for life. The appellant chased him shouting that he would not spare him. After running for a while, the deceased fell under a cocoanut tree. Babula Dalei (P.W. 7), the helper of the Matador vehicle raised hue and cry, but nobody did dare to come to the rescue of the deceased. He then went to the house of Gopala Nayak (P.W. 1) situated nearby, narrated the incident to him whereafter both of them came to the place where the deceased was lying injured and carried him to the hospital. On the way, Magi alias Satyanarayan Mohapatra (P.W. 8) brother of the deceased joined them. They brought the deceased to the casualty department of the District Headquarters Hospital, Puri for treatment where he succumbed to the injuries. It is further stated that the deceased on being asked by his brother (P.W. 8) as to how he received the injuries, stated that he was stabbed with a knife by the appellant. On the very night of occurrence Magi alias Satyanarayan Mohapatra (P.W. 8) lodged FIR at Town P.S. on the basis of which a case Under Section 302, IPC was registered and after due investigation charge -sheet was laid against the appellant to stand trial for the said offences.

(3.) THE prosecution in order to bring home the charge to the appellant examined 15 witnesses and brought in evidence the post mortem report, serologist report, etc. and the learned trial Judge after evaluation of the evidence held the appellant guilty of the charge and convicted and sentenced him as hereinbefore stated.