STATE OF ORISSA Vs. JAGANNATH BORAL

JUDGEMENT

(1.) THIS appeal is preferred against an order of acquittal dated 6.12.1960 passed by Sri R. N. Dhal Samanta, Magistrate, First Class, Puri, in case No. C(II) -129/60.

(2.) THE prosecution case may be stated as follows : Jagannath Boral, accused No. 1, filed a criminal case No. C(I) 465 of 1958 against Kashinath Mohapatra and others under Sections 323/426 I. P. C. before the Sub -Divisional Magistrate, Puri. The case was transferred to the court of Sri A. K. Das Gupta, Sub -Deputy Magistrate III Class, Puri (P. W. 6) who recorded the evidence of some of the witnesses including that of the present accused persons both of whom figured as prosecution witnesses in that cases. Ultimately judgment (Ex. 3) in the original case was delivered by Sri P. C. Patnaik, Magistrate III Class, Puri, (P. W. 2) on 30.9.1959, acquitting the accused persons in that case.

(3.) IT is a settled position of law that where in an enactment there are two provisions which cannot be reconciled with each other they should be so interpreted and should be so harmoniously construed so as to give effect to both, if possible. So both the sections shall be so construed as not to lead to any absurdity or to cause any practical inconvenience in their operation.