STATE OF ORISSA Vs. NILAKANTHA SATAPATHY

JUDGEMENT

(1.) THE respondents stood charged under Section 304 read with Section 34 of the Indian Penal Code for having killed Subash Chandra Satapathy (hereinafter to be referred to as the 'deceased') on August 16, 1979, at Nagardiha in the district of Ganjam by means of lathi, Kodi and Khanati, owing to a dispute with regard to the boundary of the lands of the parties. The deceased succumbed to the injuries two days after the occurrence. On the basis of the first information report lodged by P. W. 1, investigation was taken up and ultimately the respondents were prosecuted On a consideration of the evidence, the learned trial Judge has found that the charge has not been brought home to the respondents.

(2.) THE sole witness to the occurrence (P. W. 8) had not supported the case of the prosecution for which he was put to leading questions under Section 154 of the Evidence Act. The prosecution has relied on the dying declarations said to have been made by the deceased before P. Ws. 1 and 3 to 5 and the suspicious movements of the three respondents with some instruments some time after the occurrence.

(3.) NO interference is called for in an appeal against acquittal if the findings of the trial Court are reasonable and could have been reached on the evidence on record. Even if another view can be taken, the order of acquittal is not to be dislodged.