STATE OF ORISSA Vs. UDESWAR PRADHAN

JUDGEMENT

(1.) The present petition by the State seeks leave to appeal against the judgment dtd. 12/5/2011 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court-II, Kandhamal-Phulbani in Sessions Trial Case No.12 of 2009 acquitting the Opposite Party-Accused persons of the offences punishable under Ss. 147, 148, 302, 120-B, 153-A read with Sec. 149 of IPC and Ss. 25 and 27 of the Arms Act.

(2.) The case of the prosecution is that in the aftermath of the assassination of Swami Laxmanananda Saraswati there were incidents of communal violence throughout the Kandhamal district. It was alleged that on 26/8/2008 in the afternoon at around 3 pm, the four accused persons along with certain others in a mob armed with weapons started shouting slogans and entered Rugudi Sahi, a hamlet mostly inhabited by the people belonging to the Scheduled Castes who were Christians. The people of the sahi being scared for their lives started running helter and skelter. From among the mob, one Belarsen Dehury (Accused No.3) is stated to have emerged and fired from his gun. The bullet struck Ajiba Digal (the deceased) and he suffered an instantaneous death.

(3.) Arising out of the incident, PS Case No.73 of 2008 was registered at the Balliguda PS and in turn, G.R. Case No.190 of 2008 was registered in the file of the S.D.J.M., Balliguda. Sixteen number of witnesses were examined by the prosecution of which PWs-2, 3, 4, 5 and 7 were the eye-witnesses. PW-12 was the doctor who conducted the autopsy over the dead body. There were four Investigating Officers (IOs) (PWs-11, 13, 14 and 16).