STATE OF ORISSA Vs. KHIROD MOHAPATRA

JUDGEMENT

(1.) The State has called in question an order of acquittal dated 20.1.1995 passed by learned Assistant Sessions Judge, Jagatsinghpur acquitting the respondent of the charge under section 307/427, I.P.C. in S.T. Case No. 40 of 1994.

(2.) Prosecution case is as under On 11.5.1993, when Bibhuti Bhusan Biswal (P.W. 3) was returning home in a motorcycle, the respondent all of a sudden on the way directed him to stop on the road near Rarnachandi temple of Chuna Chhaka and then rebuked him. When Bibhuti stopped, the respondent went near him and hurling vulgar words at him, dealt blow by means of sword that he was holding. Bibhuti in order to save his life moved away and started running. While he was running away respondent threw the sword aiming at him and that hit on his hand causing bleeding injury. So Bibhuti raised alarm. It is stated that at that time the respondent caused damage to the motorcycle of Bibhuti. F.I.R. being lodged by Bibhuti at Chakradharpur police out post ultimately it came to be registered at Paradeep Port police station, and investigation was taken up. On completion of investigation charge-sheet having been submitted, the respondent faced the trial. The plea of the respondent is that of complete denial and false implication.

(3.) Prosecution in the case has in total examined seven witnesses, informant who is the injured is P.W. 3. Three eye-witnesses have been examined from the side of the Prosecution and they are P.Ws. 1, 2 and 5. P.W. 4 is a witness to seizure. Medical Officer examining the P.W. 3 has come to the witness box as P.W. 7 ; the A.S.I. -in-charge of police out post has been examined as P.W. 6. Besides the above oral evidence, the F.I.R. has been admitted in evidence and marked Ext. 1 and the injury report proved through P.W. 7 is Ext. 4 and Ext. 4/2. The defence has also examined two witnesses.