KIHIROD KUMAR SAMAL Vs. BHAMARBAR BHUYAN AND ORS.

JUDGEMENT

(1.) THE informant in S.T. No. 276 of 1992 of the Court of Sessions Judge" Cuttack has filed this revision application under Section 401, Code of Criminal Procedure with a prayer to set aside the order of acquittal of the accused/opposite party Nos. I to 3. One of the eye -witnesses to the occurrence, namely Kuna alias Soumendra Kar, has been added as opposite party No. 4 besides the State of Orissa as opposite party No. 5.

(2.) ON 20.1.1992 Chandramani Samal (hereinafter referred to as the deceased) and Darshan Samal (hereinafter referred to as P.W. No. 4) sustained some injuries and taken to the hospital for treatment. Chandramani succumbed to the injury on his head and 'P.W. No. 4 recovered after treatment. The said two injured are the maternal uncle ('Mamu') of the present Petitioner. On the date of occurrence, after hearing about the incident from his maternal uncle, Petitioner lodged written report before the Officer in charge, Mahanga Police Station and the same was treated as F.LR. and investigation was conducted. The C.L, Salipur submitted charge -sheet against opposite party Nos. 1 to 3. They were committed to the Court of Sessions where they faced the trial and were acquitted on 18.3.1993 by learned Sessions Judge, Cuttack.

(3.) LEARNED Sessions Judge, on a reference to the evidence of the said eight witnesses and the exhibited documents, found the charge to have not been proved and accordingly he acquitted the opposite parties 1 to 3.