STATE OF ORISSA Vs. SANKAR BHANJA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the Learned Sessions Judge, Cuttack in acquitting the Respondents from the charges under Sections 302, 404, 201, 379 and 411 of the Indian Penal Code in Sessions Trial No. 14 of 1986.

(2.) THE case of the prosecution, in short is that on 04.09.1985 evening deceased Balaram Panda alias Balia Nana went on a Stoll as usual, but he did not return home till late night. The family members of the deceased searched for him. But his whereabouts could not be ascertained. On 05.09.1985 in the early morning patches of blood and blood stains were found near the stairs of Sahkareswar temple and a pair of false teeth, match box, one torn sacred thread were also lying in between the stairs leading to the Sankareswar temple and the Tulasi Chaura. There were also marks of struggle. On the southern -eastern fence a piece of torn lungi, patches of blood and a blood stained Turkish towel were recovered which belonged to the deceased. P.W.1 the brother of the deceased reported; the matter at the P.S. Thereafter, the (sic) registered the case took up investigation and ultimately filed Charge Sheet against the present Respondents under Sections 302, 404, 201, 379 and 411 of the Indian Penal Code.

(3.) PROSECUTION has examined as many as 14 witnesses including the I.O. and the doctor and exhibited 21 documents. The defence has examined none.