STATE OF ORISSA Vs. MADHUSUDAN SAHU

JUDGEMENT

(1.) This is on appeal by the State against the order of acquittal of the respondents recorded by the learned Assistant Sessions Judge, Chhatrapur in Sessions Case No. 31 of 1985.

(2.) Briefly stated, the prosecution case is that the injured P.W. 6 and the respondent- accused persons were inimical to each other and number of litigations were going on between them. The accused persons had also threatened P.W. 6 and his family members with dire consequences. In such background, on 23-4-1983 at about 3.00 p.m. while P.W. 6 was coming with P.W. 5 on a bicycle from village Hatiota to Polasara, the accused persons armed with deadly weapons obstructed them at a place called 'Kolamabadalanala' and while the accused persons namely, Banshi, Kirtana, Kati Sahu and Rarnesh obstructed P.Ws. 5 and 6, accused Madhusudan Sahu and Kalu Charan Sahu dealt Kati (sword) blows on the left leg of P.W. 6, as a result of which his leg was severed from the body. It is also alleged that accused Debendra Panigrahi removed a cash of Rs. 1250/- from the pocket of P.W. 6. Seeing this murderous attack on P.W, 6, P.W. 5 fled away from the spot leaving his cycle and informed P.W. 4, who happens to be the grandson of P.W. 6. P.W. 4 immediately arranged an ambulance to bring P.W. 6 from the spot and lodged an F.I.R. in Purusottarnpur Police Station, in the meantime, P.W. 6 was shifted from the spot by a rickshaw, but after meeting the ambulance on the way he was taken in the ambulance to Polasara P.H.C. where he was given first aid and then referred to M.K.C.G. Medical College & Hospital, Berhampur. Basing on the F.I.R. investigation was done and charge-sheet was placed under Sections 143, 307/379, IPC.

(3.) The accused persons took the plea of complete denial and false implication due to previous enmity.