STATE OF ORISSA Vs. SANTOSH SABAT

JUDGEMENT

(1.) Being aggrieved by an order of acquittal passed by learned Special Judge, Ganjam-Gajapati in G.R. Case No. 74 of 1995, acquitting the respondent of the charge under Section 341/294/354/323 of IPC and under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, the State has preferred this appeal.

(2.) Prosecution case in short is that the respondent and informant P.W.3 with other injured persons, P.W.4, P.W.5 and P.W.8 hail from village Sumantapur under Patapur Police Station. On 22.03.1995 around 10.00 A.M., P.W.4 and 5, two minors were tending cattle. The respondent assaulted them with sticks alleging those cattle to have damaged the sugarcane grown on his land. It is also stated that the respondent abused them in filthy language. P.W.3 and 8 who had been to take bath near the place of occurrence said to have witnessed the said incident. It is also the case of prosecution that P.W.4 and 5 being assaulted, rushed near P.W.3 and 8 for help when the respondent chased them and also further assaulted P.W.3 and 8 there when they protested. P.Ws. 3, 4, 5 and 8 are thus said to have been injured on account of such assault by the respondent.

(3.) During trial the respondent took the plea of denial.