STATE Vs. SK LOKMAN ALLI

JUDGEMENT

(1.) THIS is an appeal against the order of acquittal dated 23.1.1986 passed by the Learned Sub -Divisional Judicial Magistrate, Balasore acquitting the accused persons from the charges under Sections 323/325/225/34 read with Section 447, IPC and Section 5 of the Indian Explosives Act.

(2.) THE main thrust of the argument of the Learned Addl. Government Advocate is that the Learned Trial Court has wrongly rejected the evidence of P.W. 3 and his son P.W. 4 on the ground that their statements are not corroborated by independent witnesses, specially when the evidence with regard to the injury on the person of P.W. 4 has been corroborated by the Doctor examined as P.W. 2 in all material particulars. It is further submitted that in view of the evidence of P.W. 3 and his son P.W. 4 corroborated by the evidence of the Doctor P.W. 2, the Trial Court ought to have recorded the order of conviction.

(3.) THE prosecution examined six witnesses in all, of whom, P.W. 1 is Laxmikant Mohapatra, and Advocate of the local Bar and a witness to the seizure. P.W. 2 is the Doctor, who examined P.W. 3 is Sk. Batul Mohammad, who was injured, while P.W. 4 is Sk. Kutab Mohammad, son of P.W. 3 and P.W. 5 is the expert of explosive substance and P.W. 6 is the Officer -in -Charge, who took up investigation.