STATE OF ORISSA Vs. SARAT CHANDRA PURI

JUDGEMENT

(1.) The respondent Sarat Puri along with some other accused persons was tried by the learned Sessions Judge, Balasore for having committed offences under Ss.302/323 and 325 read with S.34 I.P.C. and was acquitted of all charges by the impugned judgement which has been assailed in this appeal.

(2.) Prosecution case, in brief, is that there was an open space between the houses of respondent and the other accused persons, one Jamuna, P.W. 2 and some other prosecution witnesses which was being used as a common passage. On 16-6-82 the respondent along with other accused persons put a fence whereby the common passage was blocked causing inconvenience to P.W. 2 and some other prosecution witnesses. On 17-6-82 at about 3.30 p.m. a quarrel ensued between both parties in course of which it was alleged, the respondent dealt two lathi blows, one on the leg and the other on the head of the deceased (Nabin) resulting in serious bleeding injuries rendering the injured unconscious. Some of the prosecution witnesses were also assaulted by means of fist blows and lathis. The deceased was removed to Bhadrak Sub-Divisional hospital for treatment where he succumbed to the injuries on the next day. Some of the prosecution witnesses were also sent to the hospital for the purpose of examination of the injuries received by them and for treatment. FIR, Ext. 1 was lodged by P.W. 1 and investigation commenced. In course of investigation the dead body was sent for post-mortem examination, statements were recorded, seizures were made and after closure thereof, charge sheet was submitted against the respondent and other accused persons.

(3.) The defence of the respondent was that they were not responsible for the assault but on the other hand on account of previous enmity, the prosecution party mercilessly assaulted the respondent as well as the other accused persons. They also lodged FIR on account of the assault, but after investigation final report was submitted by the police.