STATE OF ODISHA Vs. RAMAKANTA SAHU & OTHERS

JUDGEMENT

(1.) Heard Mr. Prem Kumar Patnaik, learned Addl. Govt. Advocate appearing for the petitioner and Mr. Dayananda Mohapatra, learned counsel appearing for the opposite parties. This leave petition under section 378(1)(3) of Cr.P.C. has been filed by the State of Odisha challenging the impugned judgment and order dated 27.07.2009 passed by the learned Asst. Sessions Judge -cum- Chief Judicial Magistrate, Bhadrak in S.T. Case No.2/3 of 2005 in acquitting the opposite parties of the charges under sections 147, 148, 447, 307 read with section 149 of the Indian Penal Code.

(2.) The prosecution case, in short, is that the informant was the owner in possession of the case land which is situated in mouza Khaparapada and he had cultivated the land and after reaping paddy crops, he had stacked it on the case land. It is the further case of the prosecution that the opposite parties who were in litigating terms with the informant, entered inside the case land on 04.12.2003 in the morning hours and started removing the straw in spite of the protest of the informant and his younger brother. The opposite parties were armed with deadly weapons and they chased the informant and his brother and when the younger brother of the informant namely Harihar fell down on the ground, the opposite parties assaulted him on his legs and hands with the deadly weapons for which he sustained injuries on his legs, hands and head and also sustained fracture of his hands and legs. When the villagers intervened, the opposite parties left the spot. The injured was shifted to Bhadrak Medical and a written report was presented before the officer in charge of Dhusuri police station and after completion of investigation, charge sheet was submitted.

(3.) During course of trial, the prosecution examined fifteen witnesses, out of which P.W.2 is the informant and P.W.6 is the injured.