RATNAKAR DALEL Vs. CHATURBHUJA SAHU

JUDGEMENT

(1.) The petitioner who is the informant in G.R. Case No. 52 of 1991 has assailed the order of acquittal passed by the learned S.D.J.M. Balasore in the aforesaid case.

(2.) The prosecution alleges that on 19.1.1991 at about 7 to 7.30 a.m. while the injured-P.W. 5 coming towards Balasore town from his house, all the accused persons and others surrounded him near the Singla Hat (weekly market) in between the shop of one Panchanan and the hullar machine of one Bhalu on the public road. Accused Chaturbhuja asked him, why he had written about the High School and, then immediately dealt a slap on his cheek as a result of which, the injured fell down and sustained pain in his knee. It is further alleged that the Chaturbhuja lifted him by holding his collar and assaulted him. It is further alleged that the accused persons tied the injured with a rickshaw and assaulted him by fist and slap blows and also by lathies. Accused Chaturbhuja was declaring that he would kill him. As many people gathered at the spot, the accused persons fled away. P.W. 3-informant lifted the injured and while removing him towards police station, the officer-in-charge arrived there and sent the injured to the hospital. Later on, P.W. 3 lodged a written report before the O.I.C. who investigated the case and submitted charge-sheet.

(3.) The accused persons took the plea of complete denial. To prove its case, the prosecution examined seven witnesses.