STATE OF ORISSA Vs. SRI BRUNDABAN SAHU

JUDGEMENT

(1.) In this appeal the order of acquittal passed by the teamed Additional Sessions Judge, Bhubaneswar in Sessions Trial No. 3/166 of 1985/84 Is under challenge. The respondent alongwith 34 Ors. were prosecuted under Ss. 302/324/323 read with Sec. 149 of the Indian Penal Code having committed murder of one Bhikari She and for causing injuries on Satyabadi Pradhan, Meghanad Bhoi, Bhagaban Bhoi and Hazari Bhoi. The trial Court, however, acquitted the accused -respondents, of all the charges levelled against them. Therefore, the State being aggrieved by the said order of acquittal, had sought for save to file an appeal against all the accused -respondents. But the Court has granted leave to appeal only against respondent Srundaban Sahu and this Government appeal was admitted only against respondent Brundaban Sahu.

(2.) The FIR story as it reveals in the trial Court's judgment is as follows:

(3.) The plea of the respondent was one of complete denial of the incident.