STATE OF ORISSA Vs. JATADHARI LENKA

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) ORDER of acquittal in S.T. No.129 of 1987 of the Court of Sessions Judge, Puri is under challenge. Twenty -five accused persons in total faced the trial for the charges framed under Sections 148/302/323/286/324/336/149 and 302/34, I.P.C. On 25.01.1989 while considering the application for leave to appeal, leave was granted to proceed against accused -respondent Nos.18 to 22, 24 and 25.

(3.) AFTER arguing for sometimes, learned counsel for the State finds that the finding recorded by the trial Court entertaining doubt on the veracity of the eye -witnesses on the accusation against the seven accused persons is not only contradictory to each other but also contradictory to the statement of the deceased, Ext.13. None -the less, he argues that such contradictions are minor or trifle in nature. When the trial Court on due application of mind and assessment of the evidence on record, has taken a reasonable view and the finding recorded by the trial Court does not suffer from illegality or perversity, it is not proper for us to accept another set of reasoning so as to up set that order of acquittal.