STATE Vs. SURA PARIDA AND ORS.

JUDGEMENT

(1.) The order judgment passed by the learned 1st Addl. Sessions Judge, Cuttack in Sessions Trial No. 5 of 1986 acquitting the Respondents -Opp. parties of the charges under Ss. 147, 148, 109, 307, 452, 427, 203, 325 and 302 read with Sec. 149 and Ss. 324 and 326 read with Sec. 34 of the Indian Penal Code (in short "Indian Penal Code") has been assailed in Government Appeal No. 15/87 filed by the State and Criminal Revision No. 63/87 filed at the instance of the informant.

(2.) The prosecution story as unfolded in the judgment of the trial court is as follows:

(3.) At the time of assault P.W. 4 Gangadhar Parida and his son Bijay Kumar Parida (P.W. 2) raised shrill shriek as a reason whereof Darsani Barik (deceased) and P.W. 3 Dhaneswar Barik reached at the spot. Respondent Sura Baraj inflicted a piercing wound with a 'balam' on the abdomen of deceased Darsani Barik as a result of which his intestine came out. Respondents Dharani Baraj and Sura Parida also assaulted deceased Darsani Barik with 'tenta and balam' respectively on his shoulders. Respondent Naba Parida was found to have been exhorting the other Respondents to kill deceased Darsani Barik. P.W. 3 Dhaneswar Barik was also injured on his left abdomen by Respondent Sura Parida by means of a 'tenta'. Due to such ferocious assault his intestine also came out. Respondents Darsani Baraj, Sura Baraj and Dharani Baraj also assaulted him with 'balam' on different parts of his body and Respondent Naba Parida gave a knife blow on his hand causing bleeding injury.