STATE OF ORISSA Vs. SITARAM MOHINI

JUDGEMENT

(1.) The order of acquittal passed by the learned Sessions Judge, Ganjam, Berhampur in S.C. Case No. 16 of 1994 acquitting the respondent of the charge under section 458/307 of I.P.C. and section 9 (b) of the Indian Explosives Act has been called in question by the State in this appeal. Case of the prosecution is as under:-

(2.) On 11.8.1991 at about 1 a.m. Sanyasi Panda the informant (P.W. 1) and his wife woke up from sleep upon hearing the shout of there son and daughter-in-law. They immediately ran out of the front room where they were sleeping and when moving to the middle room put on the light. Thereafter, they opened the door of the third room where their son and daughter-in-law were sleeping. The appellant threw bombs at them, causing explosion in middle room resulting injuries to them. At that point of time two others were found to be running away through the low ceiling under the roof called Bhadi connected with a ladder. They could not be identified because of the smoke emanating on account of explosion. caused due to throwing of the bombs. When he went to third room where his son Bipin Panda (P.W. 3) and daughter-in-law (P.W. 4) were lying with bleeding injuries and shouting for help. The door of the third room was closed from the front side, so he went to the window of the room called on Harihara Panda ((P.W. 9), who came and opened the door facilitating all the inmates to come out of the house. Where after villagers gathered. P.W. 3 and his wife then informed that they were assaulted by the accused Sima Naik who did not face the present trial alongwith the respondent. The P.W. 1 alongwith his family members then went to the Balipadar Police Out-Post in a vehicle arranged by the villagers and reported the matter to the police. They were medically examined on police requisition and for better treatment were referred to M.K.C.G. Medical College and Hospital, Berhampur. The investigation commenced and finally charge-sheet has been submitted against the four accused persons, the present respondent faced ope round of trial.

(3.) The respondent took the plea of complete denial as regards his complicity in commission of alleged offence, while further taking specific plea of alibi asserting that he was on that relevant date undergoing treatment as an indoor patient at Aska Government Hospital and was there inside the hospital.