(1.) THIS appeal is directed against the order dated 28/08/1995 passed by the learned C.J.M. -cum -Assistant Sessions Judge, Puri in S.T. Case No. 16/6/101 of 1991/1990 acquitting the accused -respondents from the charges under Sections 148/452/307/34 IPC.
(2.) THE prosecution story as reported before the police was that on 13.05.1988 at about 8.30 a.m. the informant Sudarsan Naik along with his brothers Gangadhar Naik and Chakradhar Naik went near their mango tree and found that all the accused persons were standing there being armed with different weapons like lathi, bhala, tenta etc., and the accused Rusia Bhoi was plucking mango climbing on the tree. The informant protested to such action of the accused persons and an altercation followed. Hearing the shouts, Laximidhar, the brother of the informant, came there and he was assaulted by the accused persons causing bleeding injuries and he fell down there unconscious. Then the accused persons also assaulted the informant and thereafter entering inside his house also assaulted his brother, sisters and mother by different weapons and damaged a cycle and pelted stones to their house. After the F.I.R. was lodged, the injured persons were medically examined and on completion of investigation the charge sheet was submitted against 11 accused persons.
(3.) AS many as 14 witnesses were examined on behalf of the prosecution as against none preferred in defence. The learned trial Court on discussion of the evidence, both oral and documentary, came to the findings that the charges, as framed, could not be established by the prosecution against the accused persons beyond reasonable doubts and hence, giving the benefit of doubt, he pronounced the impugned judgment of acquittal.