STATE OF ORISSA Vs. SARAT NAIK

JUDGEMENT

(1.) HEARD and the Government Appeal is disposed of in the following way.

(2.) ORDER a acquittal passed by learned Sessions Judge, Balasore in Sessions Trial No. 56 of 1986 is under challenge in this Government Appeal. It appears from the impugned judgment that 12 accused persons were charged for the offence under Sections 148/302/149 I.P.C. on the allegation of committing riot and murder of Bidyadhar Das (hereinafter referred to as "the deceased"). Accused -Respondent Padma Lochan Khilar was separately charged under Section 325 I.P.C. for causing fracture injury to Govinda.

(3.) TO substantiate the charge, prosecution relied on the evidence of 11 witnesses. Amongst them P.Ws. 1 to 4 have been described as eye witnesses to the occurrence, P.W.7 is the doctor who conducted autopsy and proved the Post mortem report (Ext.4), P.W.8, as noted above, is the doctor who treated the deceased as well as P.W.3 and proved the injury certificates, Exts.6 and 7 respectively. He also recorded the dying declaration of the deceased marked Ext.7. P.W.9 is the doctor who verified the X -Ray and confirmed the fracture injury on P.W.3. P.Ws.10 and 11 are two police officials associated with the investigation from commencement till submission of the Charge Sheet.