HARI SHANKAR MEHER Vs. STATE OF ORISS

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5-12-1998 passed by the learned Sessions Judge, phulbani in Sessions Trial No. 27 of 1996 convicting the appellant under Section 302, i. P. C. and sentencing him to undergo rigorous imprisonment for life.

(2.) THE prosecution case, in brief, is that there was a prior dispute between the de-ceased-Hadibandhu Danta and the accused persons, namely, Hari Sankara Meher, Giri behera, Tulasa Meher and Maheswar Meher in respect of Baunsuni Grama Panchayat election. Hadibandhu Danta, the deceased, was a supporter of Congress (I) Parry and the appellant along with other accused persons were the supporters of Janata Party. The record reveals that the appellant was in search of an opportunity to take drastic action against the deceased due to ill-feelings at the time of Election. On 2-8-1994 when the deceased along with Bhubana Meher (PW 3) and Dolamani Behera (PW 4) were going in two bicycles from the hospital chhak of baunsuni towards Maulimunda, the occurrence took place at about 10. 30 p. m. The deceased was sitting on the carrier of the bicycle of the informant (PW 3 ). When they reached the mango grove, appellant along with other accused persons suddenly appeared armed with Bhujali (M. O. 1) and caught hold of the bicycle. Appellant told the deceased "tor KEN (KEUN) HATHA debu DEY" (which hand you want to sacrifice) and dealt Bhujali blow on his right and as a result of which he fell down on the ground with pool of blood. Thereafter, the accused persons fled away from the spot. The injured was shifted to Baunsuni Primary health Centre where he was treated by Dr. Chandra Shekhar Panigrahi (P. W. 1 ). As the condition of the injured was serious, he was shifted to Sonepur hospital for better treatment where he was examined and treated by Dr. Jyotirmaya Mishra (P. W. 2 ). Since there were no better facilities at Sonepur, the injured was referred to V. S. S. Medical college, Burla by P. W. 2, but on the way he succumbed to the injury. P. W. 3 lodged the f. I. R. at Baunsuni Police Station in the night of occurrence. Sunil Kumar Mandal (P. W. 11) is the Investigating Officer who after receiving the said F. I. R. registered the case and investigated the crime. P. W. 11 recorded dying declaration of the deceased vide Ext. 15. After death of the deceased, the I. O. apprehended the appellant and Giri Behera, another accused. Both were charge sheeted under Section 302 read with Section 34,i. P. C. for committing murder of the deceased whereas Maheswar meher and Tulsa Meher were charge-sheeted under Section 216 read with Section 34, I. P. C. as they concealed the accused persons in their house with an intention to prevent their arrest. The appellant, while in custody, led the I. O. to the place of concealment and gave recovery of the weapon of offence, bhujali, M, O. 1 and that was seized. Thereafter, investigation of the case was handed over to Subash Chandra Mishra (P. W. 10)whp submitted the charge sheet on 18-11-1994 after completion of investigation.

(3.) DR. Dhaneswari Jena (P. W. 8)conducted autopsy on the dead body of the deceased and found the following external injuries :