MURALIDHAR DAS Vs. GAGAN JENA

JUDGEMENT

(1.) INDIAN PENAL CODE, 1860 under S.482 S.401 S.307 This is a composite petition Cr. P.C. filed by the informant of a Sessions Case under Section 307 I.P.C. The informant-petitioner assails the order of acquittal of the opposite parties in the sessions case.

(2.) Prosecution case is, on 7.9.1988 at about 6 A.M. while P.Ws. 1 and 2, two brothers, were proceeding to work in their field, near Mianpoichaka, the opposite parties carried on a combined assault on P.W. 1 by means of lath is causing bodily injuries. The matter was reported at the police station. P.W. 1 was treated as an indoor patient from 7.9.1988 to 30.9.1988 for fracture of his leg. After investigation, charge sheet was submitted and the opposite parties faced trial and were acquitted as stated above. The defence was a case of mere denial of the occurrence.

(3.) Mr. K.N. Jena, learned counsel for the petitioner, strenuously urged that the finding of the learned Additional Sessions Judge that the prosecution failed to prove the case against the opposite parties is an error and is liable to be set aside. It was further submitted by Mr. Jena that a proper appreciation of the case would indicate that the decision of acquittal of the opposite parties has resulted in total miscarriage of justice and, therefore, this Court should interfere, Mr. P.K. Dhal and Mr. S.K. Nayek, the learned counsel for the opposite parties, on the other hand, supported the judgment of the lower court.