STATE OF ORISSA Vs. SANKARA PATRA AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is directed against the order of acquittal passed by the Learned Assistant Sessions Judge, Khurda in S.T. Case No. 46/326 of 1990 acquitting both the Respondents of the charge under Sections 307/34 IPC; Respondent No. 1 of the charge under Section 341 of IPC & Respondent No. 2 also for the charge under Section 326 of IPC. It is pertinent to state here that Respondent No. 1 who is the husband of Respondent No. 2 having in the meantime expired, the appeal stood abetted against him & necessary order to that effect has also been passed on 11.12.2003. Therefore, Respondent No. 1 is hereinafter referred to as accused Sankara where as Respondent No. 2 as simply the Respondent.

(2.) THE prosecution case is that on 14.07.1989 at about 10.00 A.M., Sikar Patra was picking up "Saru Pua" & "Sam" plaints from his bari by ploughing there. At that time, the accused Sankara who is the elder brother of Sikar (the injured) & the present Respondent arrived there. It is alleged that accused Sankara rebuked Sikar using vulgar words which was protested by Sikar. It is next alleged that at this accused Sankara got annoyed & suddenly caught hold the neck of Sikar, when Respondent gave cut blows on the neck of Sikar by means of Katari & also on his head. It is further stated that Respondent dealt further blows by means of the katari on the right hand, right shoulder & neck of Sikar intending to kill him. The persons present there interfered & saved Sikar. The wife of Sikar namely Sashimani hearing hulla arrived there. With the help of those persons present, Sikar was taken to the Police Station, when the A.S.I. of Police present there instructed them to immediately take Sikar to go to the hospital, in view of his serious health condition. The doctor present in the hospital when advised to remove Sikar to S.C.B. Medical College & Hospital at Cuttack, the same was carried out. Sikar was finally admitted in S.C.B. Medical College & Hospital at Cuttack. As his condition was very serious his statement was recorded on 21.07.1989. Sashimani the wife of Sikar, the injured lodged the complaint in the Court of S.D.J.M., Khurda which being forwarded to the police under Section 156(3) Cr.P.C., necessary case was registered & finally charge sheet being submitted, the present Respondent & her husband, accused Sankar faced the trial.

(3.) THE prosecution in order to bring home the charges against the Respondents has examined fourteen witnesses. Wife of Sikar has been examined as P.W.8, P.Ws. 3, 4, 5 & 6 are the eye witnesses to the said occurrence. Sikar, the injured has been examined as P.W.7. The doctors are P.W.10 & 12. Besides the above, the Investigating Officer has also been examined as P.W.13. Though no witness has been examined by the defence, from their side the bed head ticket of the accused Sankara, his injury report & the FIR as well as the charge sheet of G.R. Case No. 499 of 1989 have been proved.