STATE OF ORISSA Vs. KALA ALIAS SIKHAR NAIK

JUDGEMENT

(1.) THE State in this appeal has called in question the order of acquittal passed by the learned Assistant Sessions Judge, Kamakhyanagar in S.T. No. 39/D/52 of 1995 acquitting the respondents of the charges under section 307 I.P.C.

(2.) PROSECUTION case is that the marriage between Ranjubala (P.W.1) and Lengei had taken place sometime prior to the occurrence and before the said marriage; respondent No. 2 had given a proposal to the parents of Ranjubala for his marriage with Ranjubala. The parents did not agree and thereafter Ranjubala was given in marriage with Lengei. It is stated that for that reason the respondent No. 2 became hostile and had threatened the members of the family of Ranjubala with dire consequences. On 11.07.1994 when Ranjubala was sitting with her husband on the verandah of the house, two culprits came and fired at them using gun. Due to such firing, the bullets "struck on "the hands of Ranjubala and Lengei. After such firing they ran away and were identified by them. F.I.R. being lodged on the next morning, investigating commenced. The injured persons gave their statements and were also medically examined. Statement of other witnesses were recorded. Finally charge -sheet being submitted; that is how respondents faced the trial for offence under section 307/34 of IPC and section 25 / 27 of Arms Act.

(3.) THE case of the defence is complete denial.