MAKARDHWAJ NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS as accused faced trial for alleged commission of offences under Sections 307 and 323 read with Section 34 of the Indian Penal Code in G.R. Case No.94/2002 of the Court of learned S.D.J.M., Karanjia. The said case was subsequently committed to the Court of Sessions and registered as S.T. Case No.15/34 of 2003 which was tried by learned Asst. Sessions Judge, Karanjia.

(2.) BEREFT of unnecessary details, the short facts leading to initiation of the prosecution is that on 12th April, 2002, P.W.3 filed an F.I.R. at Raruan P.S. alleging that when P.W.9 was returning to his house he met with P.W.6 on the way and then P.W.9 went to a nearby tube -well to clean his legs. At that juncture, accused Makardhwaj Naik came with a small size axe and dealt a blow with that on the neck of P.W.3, who sustained severe cut injury and fell down. Thereafter, it is alleged that accused Sakuntala Naik, W/o. Makardwaja Naik dealt two to three blows by means of a lathi on P.W.3. Hearing cries, Pradeep Naik, P.W.6, who was moving ahead returned back and tried to lift P.W.9. P.W.2, a cousin of P.W.9, also came to the spot and snatched away the lathi from the hand of Sakuntala Naik. They carried P.W.9 to his house. Bhubananda Naik, P.W.3, came to the house of P.W.9 and with his help they carried P.W.9, the injured, in a Commander Jeep to Singhada Outpost and lodged the F.I.R. which was scribed by P.W.1.

(3.) THE prosecution got examined 12 witnesses and exhibited 6 documents. Out of the witnesses, P.W.9 was the injured, P.Ws. 1,2,4 and 6 were co -villagers of the injured P.W.9, P.W.3 was the brother of the injured as well as the informant, P.W.5 was the driver of the Jeep, P.Ws.7 and 8 were the seizure witnesses, P.W.10 was the I.O., P.W.11 was the Surgery Specialist, who had examined the injured, and P.W.12 was a Radiographer. On behalf of defence no witnesses were examined.