RADHAKANTA MOHANTY Vs. DINABANDHU JENA

JUDGEMENT

(1.) CASE called out. No one is present for the appellant. However, Mr. R.C. Mohanty, learned Counsel for the appellant had filed written argument which is available on record. Perused the same and heard Shri K.N. Jena, learned Counsel for the respondent.

(2.) THIS appeal has been filed against the judgment and order dated 31.5.1988 passed by the learned J.M.F.C., Bhadrak in I.C.C. No. 393 of 1987 acquitting the respondent.

(3.) PERUSAL of the injury report shows that it does not corroborate the oral evidence given by the eye witnesses P.Ws. 1 to 4. The trial Court has mentioned in its impugned judgment and order that the silence of P.Ws. 1 and 2 on the nature and seat of injury on the person of P.W. 1 creates a doubt on the alleged occurrence.