CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:

1. The present CRLLP has been filed by the State of Orissa seeking leave to appeal against the judgment dated 21.12.2006 passed by the learned Additional Sessions Judge, Bargarh, whereby the respondents were acquitted of the offence under Section 307 read with Section 149 of the IPC, thereby reversing the conviction recorded by the learned Assistant Sessions Judge, Bargarh vide judgment dated 23.12.1994.

I. FACTUAL MATRIX:

2. The prosecution case, in brief, is that on 01.02.1994 at about 8:00 A.M., the informant, Budhu Pradhan (P.W.10), along with his son, Gobinda Pradhan (P.W.11), and grandson, Girish Pradhan (P.W.1), had gone to their agricultural land at Bisipali.

3. Upon their arrival, the respondents, along with five other co-accused persons, being armed with weapons such as an iron rod, axe, and lathis, came to the spot, warned them to vacate the land, and thereafter assaulted P.W.11. Chhinu Bisi (P.W.3), a farm servant, and one Mihir Panigrahi, who came to the rescue, were also present at the spot. Thereafter, the accused persons fled from the spot.

4. On the basis of the report lodged by P.W.10, Barpali P.S. Case No.15 dated 01.02.1994 was registered at about 11:30 A.M. Upon completion of investigation, charge-sheet was submitted against all ten accused persons for the offences under Sections 148 and 307 read with Section 149 of the IPC.

5. The case was committed and tried by the learned Assistant Sessions Judge, Bargarh in S.T. Case No.131/7 of 1994. The accused persons pleaded not guilty and claimed to be tried.

6. In order to establish its case, the prosecution examined fourteen witnesses. Upon appreciation of the evidence on record, the learned Trial Court found the testimony of the injured witness (P.W.11), the informant (P.W.10), and P.W.6 to be credible, and accordingly convicted the present respondents for the offence under Section 307 IPC, sentencing them to undergo rigorous imprisonment for a period of three years and six months. The remaining co-accused persons were acquitted.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=O8rtNkbgLSLWg%2FXMiQDz6wz46TCaHKF1aByjx3EIPLKOLyNLIiBftSWyTEovQuY7&caseno=CRLLP/136/2007&cCode=1&cino=ODHC010002952007&state_code=11&appFlag=)

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