R JAGADISH MURTY Vs. BALARAM MOHANTY

JUDGEMENT

(1.) Order of acquittal passed by learned Assistant Sessions Judge Chatrapur is assailed by the alleged victim.

(2.) Prosecution version is that on 21-8-1984 in the evening one Gangadhar Behera, informant (P.W. 1) was coming along with Ulia Mahakuda (P.W. 6) from Jamuni in a bicycle. When they reached at a road junction, the lungi of informant gave way for which they stopped there. At that point of time, petitioner along with one Jagat Mohan Patnaik (P. W. 12) were coming, riding a Luna moped. When the petitioner and the said Jagat Mohan Patnaik reached the Panchudola Tota junction, accused Balaram Mohanty kept his by-cycle in front of the Luna, in order to obstruct petitioner's movement. At that time accused Laxminarayan Mohanty, Pari Mohanty and Suduru Mallik armed with deadly weapons came out of the shop of accused Govinda Padhi,, surrounded petitioner and assaulted him. Accused Laxminarayan dealt a kati blow which struck the left thumb of petitioner, he raised his left hand to obstruct the blow, thereafter successive kati blows were inflicted on petitioner and P.W. 12 who was trying to ward off attack onhim sustained out injuries. Petitioner was also assaulted by a lathi and he fell down after having received several bleeding injuries. Accused Laxminarayan and Balaram trampled over his leg, as a result of which it was fractured. Assault was going on at the behest of Govinda Padhi and Ghanashyam Padhi. It continued till Gangadhar Behera (P.W. 1) and others intervened. Gangadhar Behera lodged F.I.R. at Purushottampur police station at about 7.30 p.m. Investigation was taken up, petitioner and P.W. 12 were sent to the P.H.C. for examination and treatment. Later on, petitioner was removed to the M.K.C.G. Medical College Hospital, Berhampur as his condition deteriorated. After completion of investigation, charge-sheet was submitted for offences punishable under Sections 148, 307 and 324 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC')

(3.) Plea of accused persons was one of complete denial. Their case was that petitioner and Jagat Mohan Patnaik sustained injuries due to fall from Luna.