(1.) THIS is an appeal under Section 417 , Code of Criminal Procedure, filed by the State of Orissa against the judgment passed by Shri S.K. Mohanty, Sessions judge, Sambalpur -Sundargarh, dated 4 -12 -1958, acquitting the Respondent Sarangadhar Bhoi of a charge of murder.
(2.) DECEASED Basupalli Das, Respondent Sarangadhar Bhoi, R.V.V. Satyanaravana Rao (p.w. 2) and Gokul Chandra Meher (p.w. 9) were all employees under the Central Institute of Fishery Technology, Sub -Station, Burla. They were camping at Rampaluga under B small tent 13 'X 13' (Spot Map Ext. 11). The village Rampaluga is about a furlong away. P.w. 2 was the Research Assistant; p.w. 9 was the net maker; Respondent was the Lascar (boatman); and the deceased was the Tindal (Supervisor over the boatman).
(3.) THE learned Sessions Judge took the evidence of 12 prosecution witnesses and finally acquitted the Respondent of the charge giving him benefit of doubt occasioning this appeal.