STATE OF ORISSA Vs. SUDARSANA MALLIK AND OTHERS

JUDGEMENT

(1.) The order dated 19.5.2000 passed by the learned District and Sessions Judge, Phulbani acquitting the accused persons of the charges under sections 147/148/302 read with 149 of Indian Penal Code in S.T. No. 89 of 1998 is assailed by the State in this appeal.

(2.) Bereft of unnecessary details the prosecution case in short is that on 10.3.1998 at about 4.00 p.m. the respondents called Arjuna Konhar from his house and asked him to attend a meeting at Kuinghar Grama Panchayat Office. It was alleged that while the accused persons were proceeding to the venue along with Arjuna, near Bhithirikhol village forming an unlawful assembly being armed with lethal weapons they assaulted Arjuna by means of Kati, stones and lathis in prosecution of their common object. Consequent thereof Arjuna sustained grievous injuries all over his body and fell down on the ground. Thereafter, it was alleged, the accused persons carried injured Arjuna, to the Panchayat Office at Kuinghar where the elder brother of Arjuna. Harish Chandra Konhar saw his brother being carried by the accused persons. He went near him and noticed that the right hand of Arjuna was fractured and there were cut and bleeding injuries on other parts of his body. On being asked Arjuna told his elder brother Harish that the accused persons called him to attend the meeting at Panchayat Office but on the way to the office they assaulted him. Thereafter, Harish went and called the wife of Arjuna, who reached at the spot and gave rice and gruel to Arjuna. Arjuna was then taken to Tikabali Government Hospital in a trax. The doctor examined and declared him to be dead. Harish lodged an F.I.R. at the Police Station on the basis of which G.R. Case No. 46 of 1998 was registered in the Court of learned J.M.F.C., G. Udayagiri. In course of investigation the Investigating Officer held inquest over the dead body, seized the blood stained Kati on production by accused-respondent No. 6, seized stone boulders, sample earth and blood stained earth from the spot. The body was sent for postmortem examination and the wearing apparels were seized after the postmortem examination. All the seized materials were sent to State Forensic Laboratory, Bhubaneswar for examination.

(3.) After completion of the investigation charge-sheet was submitted against 22 respondents under sections 147/148/302 read with 149 of Indian Penal Code Learned J.M.F.C., G. Udayagiri on being satisfied from the police records, took cognizance of the offences and committed the case to the Court of Sessions for trial.