STATE OF ORISSA Vs. MAKUA @ SARAT CHANDRA BEHERA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 22.09.1997 passed by the learned 1st Addl. Sessions Judge, Puri in Sessions Trial No. 17/89 of 1996, acquitting the Respondent of the charge under Section 302 I.P.C. is assailed by the State in this appeal.

(2.) THE prosecution case was set to motion on the basis of an F.I.R. said to have been lodged by Bharat Maharana (P.W.6) before Delang Police Station. The said F.I.R. was lodged on 19th June, 1995 alleging therein that on the very day deceased Rama Chandra Maharana after getting down from the train was going to his village in a cycle, after finishing marking at Delanga Bazar. On the way leading from Delang Station to Gualipada near Panchupali burial ground, the Respondent dealt a blow on the head of the deceased as a result of which he fell down from the cycle. Thereafter, the Respondent again assaulted him mercilessly on different parts of his body by means of a bamboo 'Muli Thenga'. Consequently, he lost his sense. Thereafter, the Respondent fled away throwing the weapon of offence on the spot. It is further alleged in the F.I.R. that prior to the incident the accused -Respondent was found moving in the locality holding the bamboo (Muli Thenga) in a suspicious manner. PWs 1, 2 and 6 have seen the accused fleeing away after causing assault on the deceased. Noticing the said fact, the aforesaid witnesses went to the spot and carried the deceased to Delang hospital and from there to District Head Quarters Hospital, Puri for treatment. The condition of deceased Rama Chandra having become serious he was shifted to S.C.B. Medical College and Hospital, Cuttack for further treatment.

(3.) TO bring home the charge, prosecution got examined as many as nine witnesses and exhibited ten documents. The defence examined no witness but exhibited three documents. Prosecution also produced three material objects, which were seized from the spot.