STATE OF ORISSA Vs. CHITARANJAN DAS

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Additional Sessions Judge, Sambalpur in S.T. No. 22/4 of 1996 acquitting the respondents of the charge under Sections 341/307/34 IPC.

(2.) The prosecution case is that on 31.01.1994 around 7.45 A.M. one Rajkishore Munda (P.W. 10) was coming from the house of one Gopabandhu Gadtia by his bicycle. It is alleged that the respondents restrained him at Daheripali, Budharaja and then respondent No.1 gave a blow to his chest by means of bhujali resulting his fall and leading to loss of his sense. It is stated that thereafter the witnesses arrived when the respondents left the place. It is also the prosecution case that Gopabandhu Gadtia (P.W.1) standing on his verandah had seen the occurrence and rushed to the spot along with Khirod Dip (P.W.4) and that he took Rajkishore (P.W. 10) to the nearby Nursing home and then to Burla Hospital. Gopabandhu (P.W.1) lodged the written report at Ainthapalli Police Station which necessitated registration of the case and thereafter investigation commenced. In course of the investigation the informant was first examined and the I.O. (PW.9) visited the spot, seized the incriminating materials, such as sample earth, blood stained earth and then proceeded to hospital where he issued requisition for medical examination of P.W. 10. It is alleged that bhujali was seized on production by respondent No. 1 vide seizure list under Ext.2. On completion of investigation, charge sheet having been submitted, the respondents faced trial for the offence as stated above.

(3.) The defence took the plea of complete denial and false implication.