STATE OF ORISSA Vs. BELARSEN DALACHATRA AND ORS.

JUDGEMENT

(1.) THE State has called in question the order of acquittal passed by the learned Sessions Judge, Phulbani in S.T. No. 23 of 1995 acquitting the respondents of the charge under section 3(1)(x) of S.C. & S.T. (P.A.) Act, 1989 read with section 34, I.P.C. The prosecution case is that on 12.08.1993 around 10 A.M. one Trinath Konhar (P.W.4) and his wife Tunuri Konhar (P.W.5) were in their house. At that time the respondents came and called Trinath: It is alleged that the respondents then intentionally insulted and humiliated Trinath by hurling abuses at him stating him to be a witch involved in disturbing the peace in the village by use black magic through, witchcraft. It is further alleged that the respondent Ladu @ Laxman Dalachatra caught hold of Trinath Konhar whereafter the respondent Belarsen assaulted him by means of a lathi on his head resulting his fall on the ground when Khage and Tunuri (P.Ws. 1 and 2) came to rescue Trinath, the respondents left the place. It is also stated that Trinath is a member of Scheduled Tribe being Kandha by caste and the respondents are neither members of the Scheduled Caste nor Scheduled Tribe. Trinath having received the injuries was taken to hospital for treatment and he having later on lodged information at the police station, necessary case was registered and investigation commenced. On completion of investigation, charge sheet having been submitted, the respondents faced trial for the above offences.

(2.) DURING trial, the respondents took the plea of denial and they also claimed their caste as Kandha -Gouda.

(3.) THE trial court upon evaluation of evidence adduced by the prosecution has arrived at a conclusion that the prosecution has not been able to bring home the charge against the respondents beyond reasonable doubt.