LAWS(ORI)-1990-8-14

BENUDHAR ROUTRA Vs. RAULA ALIAS MAHESHWAR SAHU

Decided On August 14, 1990
BENUDHAR ROUTRA Appellant
V/S
RAULA ALIAS MAHESHWAR SAHU Respondents

JUDGEMENT

(1.) This revision is preferred by the informant in C. R. Case No. 487 of 1984 against the judgment of the learned Judicial Magistrate, First Class. Khurda acquitting the accused (the present opposite party No. 1) of the charge under Section 326. I.P.C.

(2.) The prosecution case, briefly stated, is as follow: On 29-9-1984 at 8 a.m. at village Kalajhara (within Begunia P.S. in Puri district) as Neba Khujabala was filling up a ditch on the road in front of his house, one Benudhar Sahu and his father objected to it and then there was an altercation between the parties and in the meanwhile. Raul alias Maheshwar Sahu (the present opposite party No. 1) came there and assaulted the said Neba with a spade causing injuries on his person. The present petitioner, who is the brother of the injured Neba, lodged the FIR at Jankia Out Post at 2 p.m. on the same day and on the basis of the said report, police proceeded with the investigation of the case and on completion of the investigation, charge-sheet was submitted against the present opposite party No. 1 under Section 326, I.P.C.

(3.) The plea of the accused opposite party No. 1 was one of denial. No witness was examined on behalf of the defence in support of the plea.