STATE OF ORISSA Vs. CHAKRADHAR SAHU

JUDGEMENT

(1.) THE anneal is by the State Government against a judgment of the learned Sessions judge of Dhenkanai acquitting the two respondents of the charges under Sections 302/34 and 325/34 I. P. C.

(2.) ONE Mahulik Naik of village Nimidha had three sons, namely, Duryo Naik, Nakfodi Naik and Kulamani Naik. The three sons were separate since 1950. On 18 -6 -52. Nakfodi and Kulamani sold one acre of land appertaining to plot Nos. 2110 and 2112 to one Kalyan Sahu of Raibania Duryo had not sold his share out of that land, Kalyan took possession of the land purchased by him and remained in possession of the same till 1972. In 1973. Duryo Naik started creating trouble and demanded his right over a portion of plot No. 2110. On 4 -11 -1974. Duryo Naik cut paddy crops from the land. Ramesh Sahu, son of Kalyan Sahu lodged a report at the police station about this incident and a station diary entry was made. The police warned Duryo Naik not to interfere with the possession of Kalyan Sahu. In 1975. Kalyan had grown paddy crops on the land. On 31 -10 -1975. Duryo Naik and his son Iswar Naik (the deceased) along with two others forcibly cut the paddy though it was not fully ripe. Kalyan Sahu lodged information at the police station and a case under Sections 457/379 I.P.C. was started, Duryo Naik was called to the police station for interrogation. In this back ground, it was alleged that on 3 -11 -1975 at about 8 A. M. while Iswar Naik (the deceased) and his mother Chakheri Dei (P. W. 4) were proceeding towards village Raibania they were way laid and assaulted by the respondents. Respondent No. 2 Nakfodi Sahu dealt blows with a tangi on the deceased and P. W. 4. Respondent No. 1 Chakradhar Sahu dealt lathi blows on the back, neck and other parts of the body of the deceased. He also assaulted P. W. 4 with a lathi. Both the respondents ran away to their village after committing the assault. The deceased and his mother were taken to the hospital at Motanga. The doctor examined the deceased and declared him dead. He also examined P. W. 4 and found injuries on her person and sent her to Dhenkanal hospital for better treatment. F.I.R. was lodged by P. W. 1 Banambar Naik on the same day at 1.30 P.M. and investigation was taken up. In due course, the respondents were chargesheeted under Sections 302/34 and 325/34 I.P.C.

(3.) THE learned Sessions Judge, on a consideration of the evidence led by both the parties, held that the prosecution had failed to establish its case against R. 2 Nakfodi Sahu and that R 1 Chakradhar Sahu was protected by the right of self defence. Upon such findings, he acquitted both the respondents of the charges framed against them. It is urged in this appeal that the findings of the learned Sessions Judge are against the weight of evidence on record.