T P REDDY Vs. DEVARAJ PANIGRAHI

JUDGEMENT

(1.) The revision is directed against the judgment and order dated 17 -1 -1987 of the learned Additional Sessions Judge, Jeypore maintaining the conviction of the petitioner Under Section 330, IPC and sentence of one year R. I. and fine of Rs. 500/ - in default, S. I. for one month

(2.) BRIEFLY stated, prosecution case is that about one month prior to the incident, a false report against the complainant, PW 4 and others was lodged at B. Singpur Police Station by one Sunadhar Bhatra on the instigation of Tarini Charan Tripathy, the second accused in the comphint case (since convicted ). The petitioner was the Officer -in -charge of the aforesaid P. S. He called the complainant, PW 4 and three others at about 9 A. M. and made them sit on the verandah of the P. S. till about 6 P. M. The petitioner without Informing the complainant and others what offence they had committed or as to why they were called to the P. S., took down their signatures on blank papers as if they were being released on bail. The complainant and others made a complaint of this fact before the Collector, Koraput and the S. P. in writing against the high -handed action of the petitioner. On 18 -5 -1979 at about 4 P. M. the petitioner went to the village of the complainant, and through one constable by name Goudo called him. When the complainant came, the petitioner asked the constable to handcuff him, and accordingly the complainant was hand -cuffed, and thereafter the petitioner along with Tarini Charan Tripathy, started assaulting him demanding to disclose where he had kept the stolen property. The petitioner also abused the complainant in filthy language and told him to see the consequences of reporting against him. Next day the complainant was produced before the Sub -Divisional Judicial Magistrate, jeypoje under arrest, and he complained of ill -treatment by police. The Sub -Divisional Judicial Megistrate sent him for medical examination. On these allegations the iearned Sub -Divisional' Judicial Magistrate, Jeypore took cognisance of the offence under Secs. 330 and 294 IPC, against the petitioner and Under Section 323, IPC, against the other accused Tarini Charan Tripathy. The trial proceeded, and eventually the petitioner was found guilty and convicted Under Section 330, IPC.

(3.) THE learned trial Court relying on the ocular testimony of the witnesses, PWs 1 to 3 the complainant (PW 4 ) and the medical evidence of PW 7, has accepted the prosecution case and accordingly convicted the petitioner of the offence Under Section 330, IPC. The learned Additional Sessions Judge also maintained the conviction and sentence of the petitioner. Hence the present revision.