STATE OF ORISSA Vs. BHAGABAN NAIK

JUDGEMENT

(1.) Obtaining leave from this court under section 378(3) of the Code of Criminal Procedure, this appeal from an order of acquittal of the three respondents has been presented by the Public Prosecutor. The respondent No. 2 Chittaranjan Naik has been acquitted from the charge for an offence under section 307 Indian Penal Code. The respondent No. 1 Bhagaban Naik and the respondent No. 3 Pravakar Naik have been acquitted from the charge under section 115 Indian Penal Code for abetting Chittaranjan to commit the crime. Chittaranjan is the son of Pravakar and Bhagaban is an agnatic cousin of Chittaranjan. Accused-respondent Bhagaban is a School teacher.

(2.) Prosecution story in short is that on 3 1.8.1979 at about 10 a.m. accused Pravakar twisted both the hands of Bijay (P. W. 5) from behind and caught hold of the same, accused Bhagaban caught hold of his tuft of hair and accused Chittaranjan caused stab injuries on Bijay. The injury on the belly of Bijay threatened his life.

(3.) The three respondents while pleading not guilty to the charges in their statements under section 313 Criminal Procedure Code claimed to be ignorant of such injuries on P.W. 5 and explained that they have been made accused either on account of hostility or to cover up the offence committed by Bijay. However D.W. 1 the witness examined in support of defence stated that in a mutual scuffle between Bhagaban and Bijay, the latter fell down on the rough surface with broken glasses and tin pieces and he saw bleeding from the stomach of Bijay (P.W. 5).