STATE OF ORISSA Vs. RAJUA

JUDGEMENT

(1.) The State is seeking leave to appeal against the judgment dtd. 2/4/2010 passed by the Additional Sessions Judge, Jagatsinghpur in S.T. Case No.584 of 2001 acquitting the Opposite Parties-accused for the offences punishable under Ss. 302 read with Sec. 34 of IPC.

(2.) The Opposite Parties stood charged with having committed the murder of the deceased Budha @ Abhaya Sukla of Chiradia, P.S. Kujanga at around 12.30 p.m. on 22/1/1995 by giving him beatings.

(3.) The informant was Dibakar Mallik, the Grama Rakhi, who stated that while he had been to the Paradeep garh gate, he heard shouting near a telephone exchange. When he ran to that spot, he found the deceased being severely assaulted by the Opposite Parties-accused. After the informant shouted, the said persons are stated to have fled from the spot. Initially, an FIR was registered under Sec. 307 read with Sec. 34 of IPC at the Paradeep P.S. After the injured succumbed to the injuries on 22/1/1995, while undergoing treatment at Paradeep Government Hospital, the offence was changed to Sec. 302 read with Sec. 34 of IPC.