STATE OF ORISSA Vs. MANGAL HANSDA

JUDGEMENT

(1.) THIS Government Appeal has been preferred against the judgment and order dated 23.1.1987 passed by the learned C.J.M. -cum -Asst. Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.12/55 of 1986 acquitting the accused -respondent of the charge under Section 307 I.P.C..

(2.) THE case of the prosecution is that the respondent after leaving his first two wives married Sunei Dei, who had also deserted her first husband Bikram, by putting the mark of vermilion on her forehead and both of them started living together. Madan Marandi, the brother of Sunei Dei, had come to the village of the respondent to take his sister to his house. He also invited the respondent who did not accept the invitation. On this, there was a quarrel between the respondent and his wife Sunei Dei. However, Sunei Dei went to her parents village with her brother. On the Akhyatrutiya day during night time, while the brother of Sunei was away from the village to witness the Uda Festivals and the inmates of the house were sleeping on the verandah of the house, the accused respondent arrived there and gave katari blow to the front side neck of Sunei Dei. On the shout raised by Sunei, the mother and another brother of Sunei wake up, saw the assailant respondent and chased him, but could not succeed. Thereafter F.I.R. was lodged and the victim Sunei Dei was sent for medical examination on police requisition.Ultimately charge sheet was submitted under Section 307 of I.P.C. against the accused -respondent.

(3.) IN order to prove the case, the prosecution examined nine witnesses and adduced seven exhibits. The defence did not choose to examine any witness.