KESHAB BHUTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in Criminal Revision No.681 of 2000 namely Sripati Bhutia @ Pati Bhutia and petitioners in Criminal Revision No.41 of 2001 namely Keshab Bhutia, Ratnakar @ Ratha Bhutia and Anukula Naik faced trial in the Court of learned J.M.F.C., Talcher in G.R. Case No.403 of 1988 (Trl. No.248 of 1990) for offences punishable under sections 341/323/326 read with section 34 of the Indian Penal Code on the accusation that on 04.02.1988 at about 4.00 p.m. at Deulapasi Chhaka, they in furtherance of their common intention voluntarily caused grievous hurt to the informant Bhagaban Naik (P.W.1) after wrongfully restraining him.

(2.) The prosecution case as per the first information report dated 209.1988 lodged by Bhagaban Naik (P.W.1) before the Officer in charge, Talcher Police Station is that on 04.01988 at about 4.00 p.m. while he was returning home from South Balanda, at Deulapasi Chhaka, the petitioners and others wrongfully restrained him and assaulted him as a result of which he lost both his eyes. It is stated that some of the witnesses who saw the occurrence intimated at the house of the informant and accordingly, the wife of P.W.1 came to the spot and took him to the house and thereafter, the matter was reported at the Police Station but the police officers did not take any action.

(3.) During course of trial, in order to establish its case, the prosecution examined fourteen witnesses.