NILAMANI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned counsel for the petitioner is absent. Learned counsels for opposite parties are present. From the order-sheet it is seen that counsel for the petitioner is not appearing for the last several dates. Since this is a Criminal Revision, it should not be dismissed for default. Instead, this Court heard the learned counsel for opposite parties 2 and 3 and the learned Addl. Standing Counsel and perused the record for passing a reasoned order.

(2.) The petitioner assails the judgment of acquittal passed by the learned Assistant Sessions Judge, Bhanjanagar in S.C. No. 20/353 of 1955. The prosecution alleged that on 22.6.1994 at about 8 A.M., while Nilamani Sahu of village Nimapara was gossiping with his co-villager Kabiraja Sahu by sitting on a cot on the verandah of his Ice factory, the accused persons came and wanted to lock up the factory. When Nilamani Sahu protested, accused Surendra Sahu caught hold of him and accused Kulamani Sahu dealt a blow on his head by sharp side of a Kati causing bleeding injury. On such blow, the injured fell down and became unconscious. Later on, he regained sense. On that date itself Nilamani Sahu reported this fact before the Officer-in-charge, Buguda Police Station and on the basis of his report, investigation of the case was started and charge-sheet was submitted against the present opposite parties for the offence under Sections 307/34, IPC.

(3.) Prosecution examined eight witnesses to prove its case, whereas the defence examined none. After taking into consideration the evidence led on behalf of the prosecution and judging the same in the light of the defence case, the learned Asst. Sessions Judge came to the conclusion that the prosecution has failed to prove its case by convincing evidence that the accused persons had made an attempt on the life of the informant-petitioner. Careful examination of the judgment and the evidence available on record reveals that the learned Trial Court has taken into consideration the following salient features of the case in coming to the conclusion as described in the preceding paragraphs.