STATE OF ORISSA Vs. NILAKANTHA SAHU AND ORS.

JUDGEMENT

(1.) The Order Dated 05.12.1995 passed by the Learned 2nd Addl. Sessions Judge, Puri acquitting the accused persons of the charges under Ss. 302/34 I.P.C & Sec. 9 (b) of the Indian Explosive Act in S.T No. 12/340 of 1993/92 is assailed by the State in this appeal.

(2.) Bereft of unnecessary details the prosecution case in short is that on 27.12.1991 at about 9.30 P.M one Ramesh Mohanty was sitting on a chair inside his shop situated at Damodarpur Bazar. All of a sudden the accused persons along with others crossed the shop of the informant P.W. 11 -Banambar Mohanty, went in front of the shop of Ramesh & being directed by accused Nilakantha & Bhagaban, accused Purna Chandra Naik & Rabindra Kumar Tripathy hurled two bombs at Ramesh. The bomb threw by Rabindra exploded on the chest of Ramesh, whereas the bomb hurled by accused Purna Chandra Naik exploded in front of the wall of the shop. Thereafter all the accused persons ran away towards Damodarpur Village. P.W. 11 the father of Ramesh lodged F.I.R -Ext.2 at Chandanpur Police Station. On the basis of said F.I.R investigation commenced & charge sheet was submitted in G.R Case No. 1969 of 1991. The Learned S.D.J.M., Puri on being prima facie satisfied took cognizance of offences & committed the case to the Court of Sessions for trial.

(3.) To substantiate its case the prosecution got 18 witnesses examined. Out of whom P. Ws.14 to 18 are official witnesses. P.W. 11 was the informant. P.W. 9 was the son of the informant. P.W. 10 was the wife of the deceased. On behalf of the defence no witness was examined.