STATE OF ORISSA Vs. ISWAR MALLIK

JUDGEMENT

(1.) THIS is an appeal filed by the State challenging the order dated 16.11.1983 passed by the learned Additional Sessions Judge, Puri in Sessions Trial No. 3/70 of 1983/82, whereby and whereunder the learned trial Court has acquitted the present respondents along with other accused persons of the charges under Sections 147, 148 and 302/323 read with Section 149 of the Indian Penal Code, in short, 'IPC'.

(2.) THE skeletal picture of the prosecution case as revealed in course of trial is as follows : There was a club in village Raigurupur in the name and style of 'Gopinath Dev Juba Shree Club'. Prafulla Chandra Panda, P.W.19, was the President, whereas respondent Iswar Mallick was the Secretary of the said club at the relevant time. The respondent Iswar Mallick is alleged to have taken a coconut garden on lease for the year 1982 83 on behalf of the club. About a week after the auction, when the other members of the club attempted to pluck coconuts, Iswar Mallick did not permit them to do so saying that he alone had taken the coconut garden on lease and the lease was not on behalf of the club. There was bitter feeling between respondent Iswar Mallick on one hand and the villagers on the other. The respondent Iswar Mallick belongs to village Odasamudi and he had the support of other villagers of the said village. Therefore, obviously there was ill feeling between the villagers of Odasamudi and those of Raigurupur. In order to avoid apprehension of breach of peace, a constable and a gramarakhi were deputed to village Odasamudi.

(3.) THE respondents and other accused persons pleaded their innocence and claimed to have been falsely implicated in the case which, according to them, was lodged as a counterblast to their case against P.Ws.1 and 8. Harihar Behari and other villagers of Raigurupur.