KALIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Jankia P.S. Case No.339 of 2023 corresponding to G.R. Case No.1063 of 2023, pending in the file of the J.M.F.C. (Cog. Taking), Khordha under Ss. 294, 323, 325, 326/506 of IPC.

(2.) The prosecution allegation in brief is that on 23/9/2023 at about 5.00 p.m., when the informant, Santosh Kumar Sahoo was watching Ganesh Puja emersion, the petitioner abused him in filthy language and poured acid on his neck and back resulting in severe burn injuries.

(3.) Mr. A.S.Paul, learned counsel for the petitioner submits that false allegations have been made against the petitioner that he has thrown acid on the victim because witnesses examined by the police have stated that hot tea was thrown by the petitioner on the informant and he has been forwarded under Ss. 294, 323, 325, 326, 506 IPC. He further submits that the petitioner has been discharged from the hospital after treatment. He refers to the statement of Matia @ Sarangadhar Barik, the tea stall owner who has stated that the petitioner threw hot tea which was in a suspension his shop on the informant for which he sustained burn injury on his back and that he also sustained injury on his left hand, as a result of the incident.