STATE Vs. MOHAN HARIJAN

JUDGEMENT

(1.) THE State is in appeal against the order of acquittal of the respondents recorded by the learned Sessions Judge, Kalahandi, Bhawanipatna in Sessions Case No.38 of 1990.

(2.) THE respondent -accused persons were charge -sheeted under Sections 148/302/323/149 I.P.C. in the above noted case on the allegation that on 4.6.1990 when the deceased and his wife were returning from their land at about noon the accused persons quarrelled with them and attacked them with tangia and lathis in furtherance of their common object to cause death to the deceased as a result of which the deceased died at the spot and his wife -P.W.1 sustained injuries. It was also alleged that the respondent -accused persons attacked some of the family members of the deceased while they tried to intervene and save the deceased. P.W.8, the brother of the deceased went to the Boden Police Station soon after the occurrence and lodged the F.I.R. -Ext.4, basing on which P.S. case was registered, investigation was conducted and charge -sheet was submitted.

(3.) MR . Routray, learned Additional Government Advocate appearing on behalf of the appellant -State submits that the evidence on record were not properly appreciated by the learned trial Court and that the evidence of eye witnesses, namely, P.Ws. 1 to 6, the medical evidence of the doctors; P.Ws. 7, 19 and 21 and the report of the chemical examiner are sufficient to establish the charges against the respondents. He placed the statements of the above noted witnesses and the reports to show that the order of acquittal is against the materials on record.