STATE OF ORISSA Vs. SARBESWAR DAS & ORS.

JUDGEMENT

(1.) The State has called in question the order of acquittal passed by the Learned Additional Sessions Judge, Jajpur in Criminal Appeal No. 28 of 1995, setting aside the Judgment of conviction of the Respondents for commission of offence under Sections 307/34 IPC and the order of sentence of rigorous imprisonment for a period of three years each recorded by the Learned Assistant Sessions Judge, Jajpur in S.T. Case No. 244 of 1994. It may be mentioned here that other eight accused persons facing trial were acquitted by the Trial Court.

(2.) The prosecution case is that on 02.02.1993 around 7.00 A.M. Krupasindhu (P.W.3) the husband of the informant (P.W.1) had been to attend the call of nature. When he was returning, the informant (P.W.1) joined on the way and they came together. It is alleged that the Respondent Sarbeswar suddenly came and caught hold the hands of the P.W.3, who raised hullah. Thereafter the accused Bhagirathi came and he joining with Respondent Sarbeswar embraced P.W.3 from behind. They also raised hullah when the Respondents Sarbeswar, Susan, Khageswar and Ramakanta and other accused persons arrived there holding tenta, lathi, tarwal and knife etc. It is stated that they dragged P.W.3 and made her lie on the ground when Respondents Susan spread the legs of P.W.3, Respondent Khageswar gave about 10 to 30 blows by means of knife on his leg causing bleeding injuries. Thereafter when again Respondent Khageswar tried to give blows on the head of P.W.3, he warded off the same by showing his hand which resulted serious injury on his right index finger. It is further stated that P.Ws. 1 and 3 then protested and requested the Respondents and others not to continue with the assault. However, the Respondents and other accused persons assaulted the P.Ws. 1 and 3 indiscriminately and when villagers arrived at the place hearing hulla, the Respondents and other accused persons fled away, the informant (P.W.1) was also assaulted by thenga. After the incident, P.W.1 lodged the FIR (Ext.1) at the police station. So the case was registered and the investigation was taken up. Finally after completion of the investigation, charge sheet having been filed, the Respondents faced the trial.

(3.) The defence has taken the plea of complete denial and false implication. It is stated that P.W.3 being armed with sword assaulted accused Jhajendra first and when to save himself, accused Jhajendra pushed, P.W.3 fell in a Nala and sustained injuries. It is also stated that the parties are-having political rivalry since long.