RABINDRA PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Revision has been filed by the petitioner, who was the informant, challenging the order of acquittal passed by the learned Additional Sessions Judge (FTC-I), Bhadrak in Criminal Appeal Nos.08 and 09 of 2004 against all the accused persons for the offence charged under Sec. 307 of the IPC and also by questioning the sentence awarded to the petitioners in so far as the charges U/s 324/34 IPC are concerned.

(2.) In the present case three accused persons were put to trial for the alleged commission of offences under Ss. 341/307/326/324/34 of the IPC. The three accused persons are Manmohan Panigrahi, Srinibas Panigrahi and Karunakar Mahakud.

(3.) The prosecution case in brief was that on 7/9/2001 at about 7.00 P.M, Sridhar Panigrahi (the injured )while returning to his house in a cycle from Charampa market through the canal road, near the bridge connecting to his village, suddenly accused persons, namely, Tika @ Srinibas and Karunakar @ Sandri focused torch to his face, he fell down from the cycle. At that juncture, accused Karunakar attacked with a bhujali, which hit his left side of forehead. When the injured was trying to escape, another accused person, Srinibash attacked with a farsa which hit his throat. Even after such assault, the injured tried to escape from the spot, but at a little distance, he was restrained by another accused person Manmohan, who pushed him. Thereafter, Manmohan left the place saying to the other accused persons 'KAKA MORO KAMA SARIGALA TUMBHE TUMBHA KAMA SAMBHALA'. Thereafter other two accused persons assaulted the injured person mercilessly by means of farsa and bhujali. Both the accused persons left the place saying 'TU ETHARA UPARAKU JAA, AMBHE DELHI JAUCHU'. After sometime, the injured person shouted 'MARIGALI MARIGALI'. Hearing hulla, villagers came to the spot and the injured narrated the incident before them. Thereafter, the injured was taken to the hospital for treatment.