STATE OF ORISSA Vs. BIJAYA BAGH AND ANR.

JUDGEMENT

(1.) Heard.

(2.) This Government Appeal is directed against the order of acquittal passed by the Learned Sessions Judge, Koraput at Jeypore in Sessions Case No. 143 of 1991.

(3.) According to the case of the prosecution, Binod is the deceased and Bijaya and Dayaban are the two accused persons. P.W.1, Nabin Chandra Sethi is the Samudhi and P.W.3, Surendra Bhatra is the son of the deceased. The dead body of the deceased lying on the road near the Shiba Temple of village Thelapadar was noticed by the postal runner and he intimated that fact to the son of the deceased on 17.11.1990. The matter was reported to the police and a U.D. Case was registered, in course of which autopsy on the dead body was conducted by Dr. Santosh Kumar Mishra (P.W.9). The sons of the deceased made efforts at their own to trace out the reason for such death of the deceased and ultimately they reached P.Ws. 1 and 2 and learnt from them that the accused persons made assault on the deceased in the mid night of 16.11.1990 by giving neck push and caught hold of the tuft of hair of the deceased. After collecting the information from P. Ws.1 and 2, the written F.I.R. was presented 15 days after the occurrence describing Bijaya and Dayaban as the assailants. Investigation was taken up, and on completion of that charge sheet was filed.