STATE OF ORISSA Vs. GOLA NAIK AND ORS.

JUDGEMENT

(1.) THE judgment dated 29th June, 1996 passed by learned Sessions Judge, Ganjam -Gajapati, Berhampur, acquitting the accused persons from the charges under Sections 452/302/34 of the Indian Penal Code in S.C. No. 186/1995 is assailed by the State of Orissa in this Government Appeal.

(2.) ACCORDING to the prosecution case in the night of 6.3.1995, Kabiraj Naik, son of the informant eloped with Namita, daughter of the brother -in -law of the informant. On the next day morning , i.e. 7.3.1995 the accused persons in a drunken state went to the house of the informant and challenged him and threatened to forcibly kidnap his daughter. At that time Bulu Naik, son of the younger sister of the informant, came and intervened, consequently, Tuna dealt a blow by means of an axe on the head of Bulu Naik (deceased) and thereafter all the accused persons tried to escape, but then they were apprehended by the neighbours and were confined in a room.

(3.) THE plea of the accused persons is one of complete denial.