NABAKISHORE BEHERA Vs. BHAGABAT NAIK

JUDGEMENT

(1.) THIS revision at the behest of an informant is directed against the order dated 18th June, 1996 passed by the Sessions Judge, Cuttack, in S. T. Case No. 133 of 1995; acquitting the accused opposite parties 1 to 5 who were facing trial for the offences under sections 302/341 read with section 34, I. P. C.

(2.) THE case of the prosecution in brief is that on 27 5 1994 the buffaloes belonging to the deceased Gangadhar Behera, his brother and father damaged the brinjal crop of the accused persons. The deceased Gangadhar was tending the buffaloes. The accused persons got annoyed and forcibly took the buffaloes and Gangadhar to Kainjori Gadia, i. e. the tank of village Amantia, and all the accused persons dealt lathi blows on the deceased Gangadhar. Accused Babuli Nayak specifically dealt a bamboo lathi blow on the head of the deceased where after, he fell down. Then accused Sarat and Baidhar lifted Gangadhar and dipped him inside the tank. The occurrence was witnessed by Naba Kishore Behera (p. w. 5), the brother of the deceased, who came to that place carrying meal for the deceased. As the accused persons threatened to assault p. w. 5, he went away from the spot and informed the matter to the villagers. When Naba Kishore came, back to the spot along with other witnesses, the accused persons were found leaving the tank and the deceased was found dead,

(3.) THE prosecution examined as many as sis witnesses to bring home the charge None was examined on behalf of the defence.