SANTOSH KUMAR PRADHAN Vs. BUDHIRAM NAYAK AND OTHERS

JUDGEMENT

(1.) In this revision U/s.401 Cr.P.C. the informant has assailed the acquittal of opposite party nos.1 to 11 of the offences U/ss.328, 427, 506 of the Indian Penal Code (herein after the 'I.P.C.') in the judgment dtd.16.03.2000 passed by the Assistant Sessions Judge, Aska, Ganjam in Sessions Case No.9 of 1996.

(2.) The case of the petitioner is that he had taken lease of the Tank known as Panibandha of village Benia for the agricultural year 1994-95 depositing the premium amount of Rs.9,000/-. On 06.11.1994 all the accused persons, being armed with different weapons, attempted to net fish. The informant guarded the Tank. They had threatened him. On 07.11.1994, at 10 P.M. the informant and others heard water breaking sound. They focused torch light and found accused Budhiram Nahak, Gopinath Jena and Girija Kampa were washing their hands in the Tank. They fled away. At the mid night, informant detected the dying of fish, on the next day morning, he informed Fishery Extension Officer and then lodged FIR at 2 P.M. Investigation was taken up and after completion of investigation, charge-sheet was submitted U/s.328, 427, 506 of I.P.C. The case was committed to the court of Sessions.

(3.) In proof of the case, prosecution examined 7 witnesses including the informant. P.W.1 is the Scientific Officer while P.Ws.3, 4 and 5 are projected to be the eye-witnesses of the occurrence.