STATE OF ORISSA Vs. BIJOYA NAIK AND ORS.

JUDGEMENT

(1.) State of Orissa in this Government Appeal seeks to assail the order of acquittal dated 30th November, 1986 passed by learned Sessions Judge, Dhenkanal in Sessions Trial No. 158 of 1992.

(2.) The prosecution case, in short, is that in the night of 28.5.1992 at about 10 P.M. Pravat Kumar Samal went to Govindpur Spinning Mill Colony in his Rajdoot motor cycle, but then he did not return to his house in the said night. The family members under the impression that he might have gone to his father -in -law's place, did not search from him. On the next day, i.e., on 29th May, 1992 morning at about 6.00 A.M. Premananda Samal, brother of Pravat Kumar Samal came to know from his paternal uncle Maheswar Samal that the dead body of Pravat Kumar Samal was lying by the side of a small bridge on Govindpur Road. It appeared that he was severely assaulted and sustained cut injuries on his body and his skull was broken to pieces exposing the brain materials and blood. His motor cycle was lying near his dead body so also a 'farsa'. Premananda immediately rushed to the spot and after seeing the incident entertained grave suspicion that his brother was murdered by some Harijan people, who had grudge on him due to differences in connection with an earlier arson case. He reported the matter before Govindpur Police Station. The A.S.I. -in -charge of the said Police Station informed the O.I.C., Sadar Police Station, who came to the spot immediately. It is alleged that Premananda gave oral report to the O.I.C. which was reduced into writing and he signed the same. On the basis of the said F.I.R., investigation commenced and in course of investigation, inquest was held, dead body was despatched for post mortem, blood stained earth and other materials like a piece of the scalp, hairs, one plastic chapel, one farsa etc. were seized. The I.O. conducted raid in the Harijan Sahi and in nearby villages, apprehended the Respondents from the house of one Athani Naik of Kamagara, interrogated them and on the basis of the information supplied by them, recovered the weapons of offence from a bush situated near Raj Athagarh railway station, arrested and forwarded the accused persons to court. On the basis of the materials collected and other information gathered during investigation, the I.O. submitted charge -sheet in the court of learned S.D.J.M., Dhenkanal in G.R. Case No. 322 of 1992. Learned S.D.J.M. after due application of mind, took cognizance of the offence and thereafter committed the case to the Court of Session.

(3.) The plea of the defence was one of complete denial. It was alleged that due past enmity, they were falsely implicated.