SANKAR MUDULI Vs. MADHAB ALIAS SUKANTA JENA

JUDGEMENT

(1.) Heard. For the reasons stated below, leave to appeal against order of acquittal is refused.

(2.) OPPOSITE party members faced trial in S.T. Case No. 28/309 of 2002 of the Court of Additional Sessions Judge, Khurda on the charge of murder punishable under Section 302/34, IPC.

(3.) IN course of the trial, prosecution relied on the evidence of six witnesses and the post -mortem report marked Ext. 1. Amongst the prosecution witnesses, P.W. 1 is the sister and P.W. 5 is the father of the deceased. They are admittedly post -occurrence witnesses. P.Ws. 23 and 4 have been described as eye -witnesses to the occurrence and P.W. 6 is the doctor who conducted autopsy and proved the post -mortem report.