ADITYA KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner and learned Addl. Standing Counsel.

(2.) THE case of the prosecution, in brief, is that the informant Dibakar Rath (P.W. 2) was running shop No. 2 in Market No. 1 of M.L.A. Colony, Unit -4, Bhubaneswar. On 14.2.1994 at about 6.30 A.M. while the informant was working inside his shop, all of a sudden accused Kailash being armed with a sword, accused Landa with a katari, accused Madan with a thenga and other some unknown accused persons being armed with some deadly weapons forcibly entered into the shop of the informant by abusing filthy language and started assaulting the informant. While informant tried to save himself, accused Kailash assaulted him on shin on left leg and on left palm by means of the sword. Accused Land assaulted the informant on his right hand by means of Katari Other two unknown accused persons assaulted the informant on his person and hill of right leg by means of farsa and thenga respectively. The informant was rescued by Dibakar Mohapatra (P.W. 1) and Ors. who were present there. Thereafter, informant lodged the F.I.R. at Kharvelanagar Police Station, on the basis of which P.S. Case No. 52 of 1994 was registered and investigation was undertaken and subsequently charge sheet was filed and cognizance was taken under ss. 307/34 I.P.C.

(3.) THE Trial Court after examination of witnesses came to the following findings: