STATE OF ORISSA Vs. DANARA PRADHAN AND ANR.

JUDGEMENT

(1.) The judgment dated 10th May, 1996 passed by learned Sessions Judge, Phulbani, acquitting the accused persons from the charges under Ss. 302/307/34 of the Indian Penal Code in S.T. Case No. 112/1994 is assailed by the State in this Government Appeal.

(2.) The prosecution was set to motion on the basis of an F.I.R. lodged by one Lukapati Pradhan (P.W. 1) alleging that on 23.4.1994 when Mitha Pradhan, Gagan Naik, Nabendra Pradhan and Prasanta Pradhan were returning from Daringibadi to Budukeju, at Jadakadu Hillock, the accused persons, with an intention to murder Mitha Pradhan, fired pellets from S. B. H. L. country made gun, consequently Mitha Pradhan sustained injuries and succumbed to the same. Other persons, who were accompanying Mitha Pradhan, i.e. P.Ws. 3 and 4 also sustained injuries, but then they recovered after adequate treatment.

(3.) On the basis of the F.I.R., the O.I.C., Daringibadi P.S. took up the investigation, sent the dead body for post mortem, got the injured persons (P.Ws. 3 and 4) examined by Doctor, seized the wearing apparels and other material objects and on the basis of a confession made under Sec. 27 of the Evidence Act, seized the weapon of offence (gun), sent the gun for ballistic examination and after completion of investigation submitted charge sheet in G. R. Case No. 151/1994. Learned S. D. J. M., Balliguda, after perusing the police papers and on being satisfied that prima facie case was made out, took cognizance of the offences and committed the case to the Court of Session for trial.