STATE OF ORISSA Vs. IGNI DALAI

JUDGEMENT

(1.) RESPONDENT has been acquitted of the charge under Section 302, Indian Penal Code. The prosecution case, as disclosed in the F.I.R. (Ext. 1) dated 29.6 -1961, is as follows:

(2.) IN his statement under Section 342, Code of Criminal Procedure the accused denied any proposal for his marriage with P.W. 4 and also the mutual assault between him and the deceased on the date of occurrence. He gave a positive story that at the time of occurrence while he was returning home after answering the call of nature, he found the deceased being assaulted by Natabar Ghadai (P.W. 6), Gobinda Ghadai and Hari Ghadai in front of the house of P.W. 1. When the accused challenged them, they caught hold of him and Gobinda Ghadai gave 10 to 12 blows on his head with a lathi. A suggestion was made during cross -examination that the accused was being chased by the deceased and that the deceased gave 5 lathi -blows on the head of the accused. On analysis of the evidence, the learned Sessions Judge actuated the accused holding that:

(3.) THE doctor (P.W. 11) found the following injuries on post -mortem examination of the deceased: