SHIVA MANOHAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The revision has been filed by the informant in G. R. Case No. 366/1986 and is directed against the judgment and order dated 27 -1 -1967 of the learned Sub -Divisional Judicial Magistrate, Nawapara, district Kalahandi acquitting opp. party No. 2, Bhagaban Meher.

(2.) PROSECUTION case briefly stated is that on 12 -10 -1986 at. about 9. 30 A.M. while the petitioner who was a Junior Engineer at the material time was at the work site busy with supervision of the work, opp. party No. 2 (accused in the G.R. case), came to him and asked for some arrear dues which the informant refused to pay. This appears to have led to some altercation between the parties, in course of which opp. party No. 2 is alleged to have dealt Chapal blows to the informant. On the information lodged by the petitioner, a case Under Sections 353 and 355, I.P.C. was registered against opp: party No. 2 Bhagaban Meher and he was sent up for trial - -

(3.) IN support of its case, prosecution has examined four witnesses all of whom are supposed to be the eye witnesses, but none of them has supported the prosecution case. Although they claimed to have known both the parties they did not breathe a word of having seen the alleged incident of assault. In the premises of these facts, the learned Court below held that prosecution has failed to establish its case against the accused opp. party No. 2 and has recorded the order of acquittal.