Decided on September 26,1978

Bhima Behera Appellant
THE STATE Respondents


S.Acharya, J. - (1.) THE Appellant Bhima Behera stands convicted under Section 302, Indian Penal Code and has been sentenced thereunder to undergo R.I. for life.
(2.) THE prosecution case In short is that while Bishnu Charan was sleeping with his wife and children in the night of the 5th/6th July, 1974, the Appellant along with two others, being armed with knives, entered Into the bed room of Bishnu Charan and the Appellant suddenly stabbed the latter. When the deceased tried to resist further attack ham the Appellant, his associates actively assisted the Appellant to deal further blows on the deceased with his knife. When Bishnu Charan could no further resist the attack of the Appellant the accused persons carried Bishnu Charan outside his house and left him in a field nearby. In course of the aforesaid incident Hemanta Kumari (P.W. 4), the wife of Bishnu, cried out for help, and P.W. 2, the mother of Bishnu, P.W. 3, the son of Bishnu and P.W. 5, a woman who was staying in another room of that house, got up from their sleep and hurried towards the bed room of Bishnu. When P.Ws. 3 and 5 came near the bed room, they saw the accused persons carrying Bishnu out of his bed room to the neighbouring field. The accused persons there left Bishnu and ran away from that place. P.Ws. 3 and 5 brought Bishnu from the neighbouring field and as he was bleeding profusely from the wounds sustained by him, he was sent to the Medical College Hospital at Cuttack for treatment. P.W. 1 the elder brother of the Injured, who was a way from the house in the night at occurrence, being informed about the occurrence by P.W. 2 went to the Mangalabag P.S. at Cuttack and lodged the F.I.R, Ext. 1 in the said P.S. Then P.W. 10, the I.O. took up investigation into the case. The injured Bishnu Charan succumbed to his injuries at 2 -25 p.m. on the 6th July, 1974. After completion of the investigation and the committal proceeding, the accused persons stood their trial for a charge under Section 302/34, Indian Penal Code on the allegation of having intentionally committed the death of Bishnu Charan in furtherance of the common intention of all of them. All the accused persons including the Appellant pleaded not guilty to the charge. They pleaded that they were falsely implicated in this case.
(3.) THE trial Court has acquitted accused Gobinda and Arakhita, but has convicted the Appellant under Section 302, Indian Penal Code.;

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