NILAKANTHA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) On consent of the learned Counsels for both the parties, the criminal Revision is disposed of at the stage of admission.

(2.) In this Criminal Revision, the petitioner assails the judgment of acquittal dated 24.10.2005 passed by the learned Adhoc Additional Sessions Judge, F.T.C. No. I, Puri in Sessions Trial No. 96/261 of 2003/2002 whereby he acquitted the accused-Opp. Parties of the offences under Sections 447, 294, 506, 324, 325, 307, 337/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity).

(3.) Short facts of the case are that on 4.12.1999 the informant Nilakantha Pradhan went to his land for cutting paddy along with his brother, it is alleged that during their absence, the accused persons being armed with deadly weapons came to the Bari side door of his house and started abusing his father Laxman. When Laxman opened the door, all of them attacked him. When he fell down on the ground, accused Rabindra, Dusa, Surendra and Suka assaulted him by dealing blows with swords. The other accused persons also assaulted him by means of Thengas causing severe bleeding injuries on his person. Accused Hina and Phula started pelting stones. On being informed, Nilakantha came running to the spot but the accused persons threatened to kill him. Satrughana Panda, Sahadev Panda, Shyama Panda and Pabana Panda arrived there. Seeing them, the accused persons left the place. On the same day at about 11.45 A.M., the informant lodged a report regarding the occurrence in the Satyabadi Police Station. The Officer in charge, Satyabadi Police Station took up the investigation. In course of investigation, the injured was examined by the doctor. After completion of investigation, the Investigating Officer submitted the charge-sheet.