JUDGEMENT

1. The accused-respondent was tried in the court of C. J. M. cum-Assistant Sessions Judge. Jeypore, for having committed offences u/ss. 307/337/338 I.P.C. The learned Judge acquitted the respondent. Hence this Government Appeal.

2. The case of the prosecution is as follows :-

In the night of 3-11-75, after night meals, Sunadhar Machu (P.W. 1) and his brother Bhakta Machu (P.W. 4) were going on the P.W. D. road (that passes through their village) to see their land. P.W. 1 was holding a torchlight (M.O. II). While proceeding on the road P.W. 1 focused the torchlight which fell on the face of the accused who got annoyed and a quarrel ensued between them. P.W. 4 pacified both of them and thereafter all returned to their respective houses. After about half an hour while P.Ws. 1 and 4 and their family members were in their house they heard the accused shouting and abusing P.W. 1 by standing on the back side of their house. He was in a challenging mood and was asking P.W. 1 to come out. P.W. 1 in order to know what was the hullah about, came out of his house being followed by his brother (P.W. 4), daughter Jamuna Machu (P.W. 3) aged about 13 years and son Nilakantha Machu (P.W. 5)