STATE OF ORISSA Vs. BABAJI PANIGRAHI

JUDGEMENT

(1.) The Judgment dated 20th April, 1996 passed by Learned Addl. Sessions Judge, 3hadrak, acquitting the accused persons from the charges under Sections 302/34 of the Indian Penal Code in S.T. Case No. 1/11 of 1995 is assailed by the State of Orissa in this Government Appeal.

(2.) ACCORDING to the prosecution case on 3.4.1994 at about 10.00 A.M. when the informant Krupasindhu Bal (P.W.1) was at Gadi Bazar, he heard noise and shouts from a nearby paddy field. He went there and found that Kanduri Bal (deceased), who was his father's younger brother, was lying on the ground having sustained bleeding injuries. He also noticed that accused Babaji Panigrahi and Malati Panigrahi (present Respondents) were present there and accused Babaji Panigrahi was holding an iron 'Hemadasta Pua' and Malati Panigrahi was holding a stick and were abusing Kanduri Bal. Their son Babu Panigrahi was also standing nearby holding a stick. Seeing them P.W.1 raised 'hulla'. Hearing shouts of P.W.1 some persons arrived there from the nearby bazaar, and with their help P.W.1 brought the deceased to Tihidi Hospital. At the hospital, it is stated, Kanduri Bal gained sense and disclosed that he had earlier cautioned the accused persons about their cattle, damaging his crops, but then, on the date of occurrence when Kanduri Bal found the cattle of the accused persons damaging his paddy crop, he shouted, on hearing shouts the accused persons came and assaulted Kanduri Bal. On the advise of the doctor, Kanduri was shifted to S.C.B. Medical College - Hospital, Cuttack on 4.4.1994 for treatment. On the said date the informant (P.W.1) filed F.I.R. (Ext.1) before the OIC Tihidi P.S. who registered a P.S. Case under Sections 341/323/325/34 of I.P.C. and directed the A.S.I. (P.W.6) to take up investigation.

(3.) AFTER receiving information P.W.5 took steps to conduct the inquest and sent the deadbody for post mortem. After completion of the investigation, charge sheet was submitted in G.R. Case No. 895/1994 in the Court of S.D.J.M., Bhadrak. Learned S.D.J.M., Bhadrak after perusing the police papers and on being satisfied that prima facie case was made out, took cognizance of the offence and committed the case to the Court of Session for trial.