STATE OF ORISSA Vs. ISWARA SAHOO AND ORS.

JUDGEMENT

(1.) THE order dated 22.4.1997 passed by the learned Addl. Sessions Judge, Bolangir acquitting the accused persons of the charges under Sections 147/148/452/302/307/323/149 of I.P.C. in S.C. No. 51/18 of 1995 is assailed by the State in this appeal.

(2.) THE prosecution was set to motion on the basis of an F.I.R. lodged at Dunguripali Police Station in the district of Bolangir on 23.8.1994. In the F.I.R. it was alleged that the accused persons forming an unlawful assembly and on being armed with deadly weapons trespassed into the house of the informant -Gandaram Sahu and accused Iswara Sahu assaulted on the head of Narayan Sahu, son of the informant by the blunt side of a tangia'. It was further alleged that accused Kartika @ Jubaraj Sahu assaulted on the head of Narayan Sahu by a bamboo lathi, consequently he fell down on the ground. Thereafter the other accused Chaturbhuj Sahu assaulted him on the back by means of a lathi. While matter stood thus Birat Sahu and Kasi Sahu assaulted on the face of Ambika Sahu, wife of the informant by means of sticks. Similarly accused Brundaban Sahu, Gandharba Padhan, Biranchi Sahu, Santanu Sahu, Nabaghan Sahu, Bipra Padhan, Mahajan Padhan, Chandramani Sahu and Dakhil Padhan assaulted Rodana Sahu, Anr. wife of the informant.

(3.) AFTER perusal of the police records and on being satisfied that a prima facie case is made out, learned J.M.F.C, Rampur took cognizance of the offence and committed the case to the Court of Sessions for trial.