KHAGESWAR SATAPATHY Vs. GOVINDA CHANDRA NAYAK

JUDGEMENT

(1.) THIS is an appeal under Section 417, Criminal Procedure Code against the Judgment of acquittal passed by a Magistrate First Class at Balasore in I. C. C. No. 87 of 1967. The accused persons - respondents herein, stood their trial of charges under Sections 504 and 323. I. P. C.

(2.) THE prosecution case in brief is that on the date of occurrence (16.3.1967) the accused persons entered into the house of the complainant and abused him in filthy language, and accused Gadadhar Mahalik dragged the complainant out of his house and then accused Gobinda Chandra Nayak assaulted him with a stick. The complainant somehow freed himself from the clutches of the above -named accused persons and got inside the neighbouring house of the Sales Tax Officer. The accused persons followed the complainant to that house, and as the Sales Tax Officer asked all of them to go out of his house, accused Ramchandra Rout dragged the complainant out of the said house and accused Gadadhar Mahallik assaulted the complainant with a Gupti, as a result of which the complainant sustained some injuries on his person. The occurrence subsided only on the intervention of some gentlemen of the locality. Next morning, the complainant was taken to Jaleswar police station where he lodged his information. Thereafter the complainant got himself examined by a doctor at Jaleswar. As the Police did not take any step in the matter till 3.4.1967 the complainant filed this complaint case against the accused persons.

(3.) THE complainant examined four witnesses in this case before charges were framed, but two of them i. e. P. Ws. 2 and 4 thereafter never appeared in the case though several adjournments were granted in that connection. The complainant also did not take all the necessary steps for their production in Court. So the Court expunged their evidence as they were not produced for cross -examination after charge.