STATE Vs. CHAITU KISAN AND 9 ORS.

JUDGEMENT

(1.) THIS is an appeal by the State under Section 417, Code of Criminal Procedure directed against an order of acquittal passed on 7 -9 -1964 by Mr. J.N. Acharya, Assistant Sessions Judge of Sundargarh.

(2.) THE Respondents are ten in number. At the trial they were all charged -firstly under Section 148, Indian Penal Code for being members of an unlawful assembly armed with deadly weapons, viz., Dhanus, Farsias, Lathis, etc. and in section of the common object of such assembly, (viz., to set fire to the dwelling house of Adbul Rashid in village Katang), for having committed the offence of rioting on 23 -3 -1964 at midnight; and secondly, under Section 435/149, Indian Penal Code for having caused, in prosecution of the same common object, and at the same time and place, the offence of chief by setting fire to, and intentionally destroying, the house of the said Abdul Rashid used as a human dwelling and as a place for custody of property.

(3.) IN support of the charges, the prosecution amongst others, examined five eye -witnesses, viz., p.w.1 (Lita Tirkey), p.w.2 (Mangara Oram), p.w.3 (Kashi Oram), p.w.4 Biras Oram and p.w.5 (Noas Oram). The learned Assistant Sessions Judge has branded all of them as "Liars or men like accomplices" and has further observed that "in case they are treated as liars their evidence is of no moment to the prosecution". If they are to be taken to be men like accomplices, independent corroboration, as a common rule of practice, is absolutely necessary, to bring home the charges to the accused persons. Here independent corroboration is totally lacking. Rather it is in evidence that p.ws. 1 to 4 are more or less related to each other". Finally the Assistant Sessions Judge has come to the conclusion that the evidence of the prosecution does not carry with it an air of conviction and no guilt on the basis of such evidence can be brought home to the accused persons for any of the offences" and has accordingly acquitted all the Respondents.