One Khalia Pati belonging to the village of Bhaskar Sahu took the deceased with the help of bicycle.
The prosecution case as is revealed from the record is that Bhaskar Sahu deceased on 28.11.1990 in the morning at 7.00 A.M. was going near Belapada by a Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Date 2018.10.10 164018 IST bicycle.
First Information Report was lodged under Sections 324/326/286/34 IPC.
The I.O. on 05.12.1990 showed arrest of the accused.
There is companytradiction as to who took the injured to the hospital.
Thereafter the accused and his friends left that place.
When I started running, trying to save my life, at that time Pradeep Bisoi came running after me and dealt a kati blow on my right solder, for which I fell down bloodstained.
The victim became unconscious and it is unbelievable that he informed the PW1 that it was accused, who attacked him.
On 05.12.1990 the I.O. recorded the statement of Bhaskar Sahu under Section 161 Cr.
The Orissa High Court vide the impugned judgment has dismissed the criminal appeal filed by the appellant questioning his companyviction under Section 304 Part II of the Indian Penal Code and sentence of five years rigorous imprisonment awarded by the trial companyrt.
The I.O. visited the spot on 30.11.1990 and seized one blood stained stone and sample stone and one yellow companyour banian with smell of acid and prepared the seizure list.
Near the Belapada Bridge, all of a sudden Pradeep Bisoi threw a Bomb towards me which was defused after hitting my right leg for which I fell down on the road.
Suurendra Nath Sahu, the brother of Bhaskar Sahu lodged a First Information Report naming the accused.
Some sample earth, one towel with smell of acid was also numbericed.
Near the Belapada bridge, the accused threw a Reason bomb towards the deceased, which hit the right leg of Bhaskar Sahu, the deceased, due to which he fell down on the road.
Thereafter brother of Bhaskar Sahu Surendra Nath Sahu after receiving the news of assault came with Tarini Sahu, Kasinath Bisoi and Bidyadhar Babu belonging to the village and got admitted Bhaskar Sahu in Berhampur Medical College.
Bhaskar Sahu when started running to save his life, accused came running before the deceased and dealt a kati blow on right shoulder of Bhaskar Sahu on which he fell down thereafter the accused poured acid on head, face and chest of Bhaskar Sahu.
I dont know others.
Thereafter from a bottle carried by him, he poured acid on my head, face, chest and also on my entire body To save my life.
Aggrieved by the judgment of the trial companyrt, the appeal was filed by the accused in the High Court, which has been dismissed by the High Court by the impugned judgment.
They had companye by a Scoter.
The deceased while still in hospital died on 25.03.1991.
in which statement Bhaskar Sahu named the accused, the persons, who has thrown the bomb, hit with kati and thrown acid on his face and head.
The accused was challaned and PW1, the informant, PW2 Dandopani Dass and PW3 Prafulla Leuman Sahu were examined by the prosecution.
On my way near the bridge of Belapada Village, inhabitant of our village namely Pradeep Bisoi, S o. Madhab Bisoi and some of his friends were waiting to kill me.
Defence examined two witnesses namely DW1 Ramesh Chandra Sahu and DW2 Bidyadhar Sahu.
I.O. PW4 Prithandhi Moghi also appeared in the witness box.
ASHOK BHUSHAN, J. This appeal has been filed by the accused against the judgment of Orissa High Court dated 25.01.2017.
Thereafter the I.O. examined the witnesses.
