STATE OF ORISSA Vs. PURNABASI RANA

JUDGEMENT

(1.) This appeal is directed against an order passed by the learned Sub-Divisional Judicial Magistrate, Chatrapur acquitting the accused persons of the charge under Sections 147/325/323/454/380/149, I.P.C.

(2.) The brief fact of the case is that the informant Khalli Raulo purchased a thatched house in village Pratapur in a Court auction sale. On 21-12-1977 while he along with his son Rabindra and Prabhakar was dismantling the house to construct a Pucca house thereon, all the accused persons attacked them being armed with weapons like kati, crowbar, lathis, etc., and assaulted the complainant with lathi causing bleeding injury on his nose. Out of fear, the complainant along with his sons fled away and took shelter in the house of P.W.4. From that house they saw that the accused persons broke open the lock of their Pucca house which was adjacent to the aforesaid thatched house, and stole away a number of articles including rice, mung, utensils, clothes, cash, a cot and bed, boxes, etc., worth Rs. 4,000.00.On the aforesaid allegation, F.I.R. was lodged and investigation was taken up.

(3.) The plea of the defence was complete denial. A specific plea was taken by the defence that the complainant never possessed the house which he was dismantling. Accused Balaram Rana with his wife, accused Sasi Rana and family members were residing in that house and the complainant with his relations forcibly drove out accused Balaram and his family members from that house by assaulting him as a result of which he sustained injuries and was medically examined. As the other accused persons protested to such high-handed action of the complainant and his relations, they have been falsely implicated in this case.