AKHAYA KUMAR SWAIN Vs. GANDHIA MALLIK AND ANR.

JUDGEMENT

(1.) THIS is an informant's revision against Judgment and order dated 08.02.1995 passed by the learned C.J.M. -cum -Assistant Sessions Judge, Jajpur in S.T. Case No. 339 of 1994 (Trial No. 34 of 1994) acquitting the Opp. parties 1 to 7 -accused persons of the charges for commission of offences under Sections 341/307/379/34 I.P.C.

(2.) THE prosecution case is that on 12.11.1993 injured P.W.7 along with one Rangadhar Dalai had gone to Korai police station to lodge report against the accused persons. When they were returning home after getting down at Baitarani Road Station, on the way the accused persons committed the alleged offences. Informant P.W.1 came to know from RWs. 3 and 4 that the accused persons had assaulted his father. He went to the place of occurrence and found his father bleeding and unconscious. After regaining his sense P.W. 7 alleged that the accused persons had beaten him with stick blows until he fell senseless. Thereafter the informant P.W.1 lodged report before the O.I.C. of the police station, who entrusted P.W.10 to take up Investigation. On completion of investigation, charge -sheet was submitted against the accused persons. The accused persons pleaded complete denial to the charges.

(3.) REFERRING to the impugned Judgment, it is contended that the learned Court below should have accepted the evidence of the inured in order to hold that the prosecution has proved the allegations against the accused persons beyond reasonable doubts in view of medical corroboration available from P.Ws. 8 and 9. In reply, it is submitted that upon analysis of evidence on record, the learned Court below has rightly held the evidence of witnesses examined on behalf of the prosecution to be not reliable in order to sustain conviction.