JAGANNATH MOHANTY Vs. UCHHABA JENA

JUDGEMENT

(1.) THIS is an appeal against a judgment of acquittal passed by a learned Magistrate, First Class, Cut tack, in a case under Section 504, Indian Penal Code.

(2.) SHORTLY stated the prosecution case is as follows: The Appellant and the Respondent are residents of the same village and are close neigh bourse Disputes between the parties were long pending on 8 -7 -1966, two heads of cattle belonging to the Respondent are said to have entered and damaged the six straw stored in the Bari of the Appellant. The Appellant got annoyed and caned upon the Respondent to come and take away his cattle. On hearing the Appellant's shout, the Respondent appeared with a lathi in his hand, abused the Appellant in obscene and abusive language and even rushed towards him with a view to assault him with the lathi.

(3.) FIVE witnesses for the prosecution were examined and on behalf of the defence one witness also was examined. The learned Magistrate after discussing the evidence of the parties in paragraph 7 of his judgment came to conclude,