SANTOSH KUMAR MOHANTY Vs. BRAJABANDHU MOHANTY

JUDGEMENT

(1.) This revision has been filed at the instance of the informant challenging the order dated 1-12-1994 passed by the Assistant Sessions Judge, Bhubaneswar, acquitting the accused-opposite parties.

(2.) Shri A. Mohanty, learned counsel appearing for the petitioner, submits that on 6-10-91 the accused-opposite parties armed with deadly weapons entered inside the house of the informant and assaulted the uncle of the informant. On the basis of the F.I.R. lodged by the informant, investigation was taken up and charge-sheet was submitted for offence committed under Section 307/34, IPC. After commitment of the case to the Court of Session, charge-sheet was framed and summons were issued to the witnesses for appearing in the Court. Shri Mohanty further submits that short adjournments were granted by the learned Assistant Sessions Judge for which attendance of prosecution witnesses could not be possible and learned Assistant Sessions Judge recorded an order of acquittal. According to him, in absence of any evidence on record, the learned Assistant Sessions Judge only could have discharged the accused persons.

(3.) The learned Additional Standing Counsel submits that there is no illegally in the order, as in spite of several adjournments the prosecution witnesses were not produced before the Court.