STATE Vs. GURU SAHU

JUDGEMENT

(1.) THIS Government Appeal has been filed against the judgment and order dated 30th November, 1992 passed by sri P. K. Das, Assistant Sessions Judge, bhanjanagar in S. C. No. 11 of 1992/s. C. No. 39 of 1992 G. D. C. acquitting the respondents of the offences punishable under Section 307/34, I. P. C.

(2.) THE case of the prosecution in brief was that on 28-7-1991 at about 9. 30 p. m. near Panda Sahi Chhak, Upendra Parida (P. W. No. 5) and Hadu Swain consumed liquor and, thereafter, accused persons and injured upendra Parida and Hadu Swain had exchange of hot words. Hadu Swan then took upedra Parida to his house where both of them took meals. When they were going in front of the house of the accused persons, the accused Guru Sahu came with a Juali and assaulted Upendra Parida (P. W, No. 5)on his head resulting which he sustained bleeding injury and fell down in the drain. Thereafter accused Rama Sahu came with a Katua and assaulted P. W. No. 5 with the same, which got his left hand fractured. Soon after the assault the injured raised nullah and Hadu took him to his house wherefrom he was removed to Balipadara hospital and on the advice of the Medical officer, Balipadara, the injured was removed to M. K. C. G. Medical College, Berhampur. On the report of Hadu Swain, marked as ext. 1/1, the Police registered the case.

(3.) PROSECUTION examined 9 witnesses in all and the accused-respondents examined two witnesses. The learned Assistant Sessions Judge did not find the accused/respondents guilty under Section 307/34, I. P. C. and acquitted them holding that the evidence of P. W. 5 injured creates doubt regarding genuineness of the occurrence and has suppressed the truth which makes it difficult to come to a definite finding that the accused persons are the assailants. Since prosecution has got no chance in a criminal case and the Court must definitely come to a finding that the accused persons are the assailants and cannot depend on may or might and accordingly, the benefit of doubt goes in favour of the accused persons.