STATE OF ORISSA Vs. SUDHIR BADHEI AND ORS.

JUDGEMENT

(1.) THE State has called in question the order of acquittal recorded by the learned Assistant Sessions Judge -Cum -C.J.M., Bargarh in S.T. Case No. 131 of 1994 acquitting the respondents of the charge under Sections 148/307/149 IPC.

(2.) THE prosecution case in short is that on 01.02.1994 morning when Govinda, (P.W. 11) and his son Girish (P.W. 1) were going on their bicycles to their land, accused Buthi obstructed the way with a plough share and abused in filthy language. Budhu (P.W. 10), the grandfather of P.W. 1 rushed there, it is alleged that accused Buthi left the spot and some time thereafter P.Ws. 1, 10 and 11 when joined on their own land, all the accused persons came being armed with the deadly weapons with a view to attack them on account of previous grudge. They pelted stone, hurled abusive language and attacked P.W. 11 using the weapons Specifically, it is stated that accused Satyananda gave tangia blow to Govinda and when Budhu warded off the same, he received bleeding injuries on his right thumb. It is also stated that they all received injuries for such pelting of stones. The F.I.R. (Ext. 1) being lodged by P.W. 10 on 01.02.1994 necessary case was registered and investigation commenced. In course of the investigation, injured persons were medically examined, incriminating articles were seized. After completion of investigation charge sheet was submitted.

(3.) THE trial Court upon analysis of the evidence and upon detailed discussion has come to conclusion that the prosecution has not been able to establish its case so far as these respondents are concerned. In that view of the matter acquittal has been recorded.