STATE OF ORISSA Vs. BANCHANIDHI SAHU

JUDGEMENT

(1.) HEARD further argument, Peruse the note of submission of the appellant and the Government Appeal is dismissed for the following reasons.

(2.) ACCUSED -respondents faced the trial in the Court of Sessions Judge, Balasore in Sessions Trial No.59 of 1990. Accused -Banchhanidhi Sahu was charged under Section 302 IPC whereas accused Banchhanidhi Sahu together with other 7 accused persons were charged under Sections 148 and 302/149 IPC on the allegation that on 17.11.1989 at about 8 A.M., the accused persons having the common object and being armed with weapons like lathis and handle sticks assaulted Chandramani Rout (hereinafter referred to as the 'deceased) and when his sons, Suresh, Jogesh, Subash went for his rescue they were also assaulted by them. As it appears from record, no charge was framed for the assault on the sons of the deceased and there is no challenge to that aspect either at the time of trial or pursuing the Government Appeal.

(3.) IN course of cross -examination, he also proved the injury certificate, Ext.A of the accused -Judhistir, son of one Dayanidhi, Ext.B, the certificate relating to Suryamani Sahu, one of the members of the unlawful assembly, who is an indoor patient from 14.11.1989 to 19.11.1989.