KRISHNA NAIK AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THE Petitioners assaulted opposite party No. 1 on 12.8.1965 at about 5 P.M. in the village with axe and lathis. The opposite party No. 1 was medically examined, and lodged first information report at Bhanjanagar police station on 13.8.1965 at 3 P.M. The informant was medically examined by the same doctor who had examined him before privately, and had granted a certificate (ext. 1). The certificate granted to the informant by the same doctor, on police requisition, is ext. 2. There is no difference between these two certificates as to the number and nature of the injuries found on opposite party No. 1, the informant.

(2.) THE informant tiled a complaint before the S.D.M., Bhanjanagar, on 2.9.1965, upon which complaint case No. 49/65 was registered, and cognisance was taken against six persons including the four Petitioners. Subsequently, on 8 -9 -1965, the police submitted charge -sheet, and on the basis of this charge -sheet cognizance was taken against the Petitioners under Sections 323 and 324/34, Indian Penal Code. Cognizance had also been taken of the selfsame offences in the earlier complaint case. By order dated 15 -11.1965 passed in G.R. Case No. 211 of 1965, the S.D.M. before whom both the cases were pending, clubbed the two cases together for convenience of trial and directed that the procedure, as laid down in Section 252, Code of Criminal Procedure shall be adopted as there were two more accused in the complaint case who had not been charge -sheeted in the police case.

(3.) OF the accused persons, Petitioner Bishnu Naik had also started a counter case against the complainant and a witness of his, p.w. 2, and another for which they were tried under Section 200, Indian Penal Code, convicted and sentenced to pay a fine of Rs. 5/ - each. The judgment of that case was filed on behalf of the defence during the trial of the Petitioners.