STATE OF ORISSA Vs. DAYAL DAYANIDHI GHOSH

JUDGEMENT

(1.) -This is an appeal by the State against the acquittal of the respondents by the Sessions Judge, Mayurbhanj Keonjhar, of the charges under sections 304/34 of the Indian Penal Code.

(2.) The First Information Report was lodged at Bangiriposi police station on 12.10.1979 at 4.30 p.m. by one Radhashyam Sahu (P.W. 3) that his father Makhan was severely assaulted by the respondents at 5 p.m. on 11.10.79. The injured was being treated at Sirsa Public Health Centre. The witnesses were said to be Daka Singh, Mundari Singh and others not named in the F.I.R. Makhan succumbed to the injuries on 16.10.79.

(3.) Of the twelve witnesses examined by the prosecution, the son (P.W. 8), the widow (P.W. 7) and the mother (P.W. 9) of the deceased were alleged to be the eye-witnesses. P.W. 3 treated the deceased at the Public Health Centre, P.W. 1 conducted the post mortem examination.