STATE OF ORISSA Vs. K. DEBARAJA AND ANR.

JUDGEMENT

(1.) THIS appeal by the State is directed against an order of acquittal of the Respondents recorded by Learned Asst. Sessions Judge, Chatrapur in Sessions Case No. 13 of 1987 (S.C. No. 116 of 1987 of GDC).

(2.) THE prosecution case sans details is that on 11.12.1986 at about 6.30 P.M. while informant -(P.W.1) and his brother D. Somanath -(P.W.2) were coming with their bullock cart loaded with paddy sheeves, Respondent K. Debaraja assaulted informant Santosh Kumar with KHANATI (a digging iron instrument fitted with a wooden handle) causing injuries on the latter's hands and hearing the shout of agony of P.W. 1 when P.W. 2 went to the rear side of the bullock cart, Respondent Debaraja shouting that he would kill him, dealt a blow with the KHANATI on the head of the P.W. 2 causing bleeding injury. P.W. 2 became unconscious and collapsed to the ground where after Respondent No. 2 -Bhagirathi Gauda dealt lathi blows on the back of P.W. 2. Some persons who were present near by intervened and removed P.W. 2 to Kukudakhandi P.H.C. where P.W. 2 was examined, admitted and treated from 11.12.1986 to 24.12.1986. Immediately after the incident P.W. 1 lodged the F.I.R. in Hinjili Police Station and basing on that report investigation was conducted and charge sheet was submitted for offence under Sections 307/ 34, Indian Penal Code. The Respondents took a plea of denial and false implication due to previous enmity.

(3.) CHALLENGING the judgment of the Trial Court, Mr. A.K. Mishra, Learned Standing Counsel submits that the approach of the Learned Trial Court to the evidence on record is perfunctory and perverse. According to him, the evidence on record squarely establish the case against Respondents if not Under Section 307 of the I.P.C. at least for offence 326 of the I.P.C. In support of his contention Mr. Mishra places the relevant portion of the statement of the witnesses as well as the medical evidence.