BIIDYA SHANKAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in this revision challenge the judgment and order of conviction under section 332/34 of the Indian Penal Code and sentence of rigorous imprisonment for one year passed by the learned Judicial Magistrate First Class, Jaleswar in G.R. Case No. 305 of 1992/Trial No. 43 of 1993, which has been confirmed by the learned ad hoc Additional Sessions Judge, Fast Track Court, Balasore by his judgment dated 16.1.2002 passed in Criminal Appeal No. 49 of 2000.

(2.) The prosecution case, in a nutshell, is that on 3.12.1992 at about 2 p.m. while the informant, who was the then A.S.I. of Police, Kamarda Out Post, was discharging his official duty in the Out Post, the accused- petitioner No. 3, namely, Kajal alias Sidhartha Sankar Das came there and discussed with constable No. 14, Sri Patitapaban Nayak regarding the affairs of the Out Post. When the informant asked the said accused to go away, he became furious and scolded him in filthy language aid damaged some properties of the Out Post and manhandled him. Subsequently, 50/60 persons arrived and petitioner Nos. 1 and 2 dragged the informant out of his office and petitioner No. 3 assaulted him causing injuries on his person and they snatched away his wrist watch. They also pelted brick bats and damaged the doors and windows of the Out Post and threatened to take away the life of the informant and his family members. The informant lodged a written report before the Officer- in-Charge, Bhograi P.S., on the basis of which a case was registered which was Investigated by the S.I. N. Panda, who submitted charge-sheet against the accused persons and accordingly, the petitioners faced trial for charges under sections 294, 427, 332 and 379/34 of the Indian Penal Code.

(3.) In order to substantiate the charges, the prosecution examined 10 witnesses. The informant was examined as P.W. 10. P.Ws. 1 and 2 turned hostile. P.Ws. 3 and 4 who were seizure witnesses also turned hostile. P.W. 7 is the Gram Rakhi. P.W. 8 is the Doctor, who examined the injured informant on police requisition P.W. 9 is the investigating officer.