GANGADHARA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an informant's revision against the judgment of acquittal dated 30.7.2005 passed by the C.J.M.-cum-Asst. Sessions Judge, Jagatsinghpur in St Case No. 372/43 of 2001.

(2.) THE accused-opposite party Nos. 2 to 24 and deceased-opposite party No. 25 were charged under section 395 of the I.P.C. The prosecution case is that on 20.1.1999 at 4.00 p.m. while the petitioner-informant, who is a lawyer in Kujanga Court, returning from the Court was obstructed by accused-Purastam Mohapatra, Pramod Lenka and Pabitra Lenka, who threatened to kill and chased him. The informant took shelter in village-Dardia in his sister's house and sent his brother-in-law- Ramesh Chandra Choudhury (P.W. 9) and nephew- Lambodhar Choudhury (P.W. 3) to his house. At 10.00 p.m., the informant returned to his house when all the accused persons came and tied him, his father and other family members and removed some building materials like bricks, Sand, chips and iron rod which had been Stacked in front of his house. The accused persons also removed cash, gold ornaments and some rice bags from the house of the informant. The informant lodged fir at 4.00 p.m. On the next day, Le., 21.1.1999 whereupon the police registered the case under sections 341/342/379/380/506/34 of the I.P.C. After completion of investigation, the investigating officer submitted final report, which was protested to by the informant by filing a complaint where after the learned Judicial Magistrate enquired into the matter and took cognizance of the offence under section 395 of the I.P.C. and committed the case to the Court of Sessions for trial.

(3.) IN course of the trial the prosecution examined 11 witnesses including the informant, who was examined as P.W. 10, P.W. 1 is the father of the informant. P.W. 3 is the maternal nephew and P.Ws. 4 and 9 are two brothers-in-law of the informant. P.Ws. 2, 5, 6 and 8 are some lawyers of Kujanga Bar Association. P.W. 7 is the cousin sister of the informant and P.W. 11 is the A.S.I. of police, who investigated into the case on the basis of the fir The defence also examined four witnesses.