Point of law : Murder case - Conviction set side - prosecution has failed to prove the charge of murder against the Appellant beyond all reasonable doubts.

JUDGMENT :

B.P. Routray, J.

1. The sole Appellant namely, Suduru @ Sudarsan Gouda has been convicted and sentenced to life imprisonment for commission of offence under Section 302 of the I.P.C. by the learned Special Judge-cum-2nd Addl. Sessions Judge, Berhampur.

2. The deceased – Raghumani Das was a resident of village Balarampur and belonged to scheduled caste community. The Appellant also belongs to the same village Balarampur under Hinjli Police Station. On 30th January, 2009 in the afternoon while the deceased along with his wife Bangali Das (P.W.2) was returning in an auto rickshaw driven by Arjun Das (P.W.4), the Appellant detained their auto rickshaw and attempted to kill P.W.2 by means of a knife. The deceased protested the same. Thereafter the Appellant fled away and the deceased along with P.W.2 returned to their house. On the same evening at around 7.30 P.M., the deceased along with P.W.2 and their daughter Mami Das (P.W.3) had gone near the village pond for defecation. After cleaning in the village pond, the deceased returned first and P.Ws.2 and 3 were still at the village pond. At that time one Naba Das of their village came running to P.Ws.2 and 3 and told that the Appellant stabbed deceased by means of a knife near village library and he was lying there with bleeding injury. Immediately, both P.Ws.2 and 3 rushed to the spot and found the deceased lying in a pool of blood having an injury in the left side abdomen. Thereafter other villagers namely Sarat Chandra Das (P.W.1), Lochan Das (P.W.5) and others gathered and the deceased was shifted in the same auto rickshaw of P.W.4 to the hospital, where the doctor declared him dead. P.W.2 lodged the F.I.R. under Ext.9 scribed by P.W.10 – Ramesh Chandra Sethi, which was registered as Hinjli Police Station Case No.09 dated 30th January, 2009. The F.I.R. was registered by Harihar Sahu (P.W.11), the then Police Sub-Inspector present in the Police Station. He then took up investigation and requested the SDPO, Aska, Shri B.P.Dehuri to take up investigation as the deceased is a member of the scheduled caste community. Requesting so, P.W.11 proceeded to investigate the case and examined the informant and other witnesses, visited the spot, collected sample earth, bloodstained earth, held inquest over the dead body and sent the dead body for post-mortem examination to MKCG Medical College and Hospital, Berhampur. He thereafter arrested the Appellant on 31st January, 2009 and as per the disclosure statement given by the Appellant, discovered the weapon of offence i.e., the knife from the house of one Narshu Gouda of village Alavigada and seized the same under Ext.4. P.W.11 continued the investigation till 25th March, 2009 and then handed over it to the SDPO. On the same day, P.W.12, Binaya Krushna Kamila, DSP took up investigation from B.P. Dehuri and on completion of investigation, P.W.12 submitted the charge-sheet on 29th May, 2009 for offences under Section 302 of the I.P.C. and Section 3(2)(v) of the SC & ST (PoA) Act against the accused.

3. The Appellant faced trial taking the plea of innocence. In course of trial, the prosecution examined thirteen witnesses and marked eighteen documents as Exhibits. The Appellant examined himself as Defense Witness No.1 in support of his plea of innocence.

4. The learned trial court upon conclusion of trial found him guilty for the charge under Section 302 of the I.P.C., but acquitted from the offence under the SC & ST (PoA) Act. The learned trial court convicted the Appellant mainly relying on the evidence of P.Ws.1, 2 and 4.

5. As seen from the medical evidence, the deceased died homicidal death. P.W.6-Dr.Sachidananda Mohanty, who conducted the post-mortem examination over the dead body on 31st January, 2009 at 11.30 A.M., has opined that the deceased died due to the stab wound, which was ante mortem and homicidal in nature. He noticed one stab wound of size 5 cm x 2 cm up-to cavity deep over the left chest 5 cm below from the left nipple, an