MADHUSUDAN SAHOO Vs. BASUDEV PRADHAN

JUDGEMENT

(1.) In this revision petition the accused persons have assailed the appellate judgment of the Second Additional Sessions Judge, Cuttack in Criminal Appeal No. 180 of 1985 confirming the decision of the Sub-divisional Judicial Magistrate, Kendrapara (S.D.J.M.) in I.C.C. No. 156 of 1983 and convicting them under Ss. 323 / 379 read with S. 34 of the Penal Code ('I.P.C.' for short) and sentencing each of them to pay a fine of Rs. 200/- on each Count.

(2.) On the complaint filed by the opposite party the aforementioned case was registered. The case of the complainant in a nutshell was that shortly before the incident which gave rise to the present case, the accused persons had forcibly entered his house, damaged the door frames, cot, etc. His brother had sent him a telegram about the incident and had lodged a report at the police station. On getting the information, the complainant who was working at Choudwar in a stationeryshop started for his house. On 12-5-1983 at about 6 p.m. the accused persons wrongfully restrained him on the way, abused him in filthy language, assaulted him with fist blows and slaps and questioned him as to why his brother had reported against them at the police station. The complainant alleged that the petitioner, Abhaya Kumar Sahu and Rajan Kumar Sahu snatched away the bag in which he had kept three sarees, one Lungi, one Napkin and fruits worth Rs. 181/-. Petitioner Madhusudan removed Rs. 200/- from his chest pocket and thereafter all the petitioners left the spot. Since the police failed to take any action on the report lodged by his brother the complainant filed the complaint petition before the S.D.J.M.

(3.) The plea of the petitioners was one of complete denial of their involvement in the case. According to them, a false case was foisted against them.