DAMODAR PRASAD MOHANTY Vs. BIRANCHI KAR

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order of acquittal dated 23.6.2003 passed by the learned Ad hoc Additional Sessions Judge (Fast Track Court No.l), Cuttack in Criminal Appeal No. 36 of 2002 setting aside the judgment dated 6.4.2002/10.4.2002 passed by the learned S.D.J.M. (S), Cuttack in G.R. Case No. 485/91 (Trial No. 5062 of 1991) convicting the accused-opposite parties under section 323 of the I.P.C., and releasing them under section 3 of the Probation of Offenders Act.

(2.) The opposite parties were prosecuted in the aforesaid G.R. Case for allegedly committing offences under sections 341/323/294/506 of the I.P.C.

(3.) The prosecution case in brief is that on 8.4.1991 at about 1.15 p.m. the informant, who is a senior lawyer, returned from the Court of his house. While going to put his motor car in his garage, he found that some customers of nearby 'Satyadham Hotel' had parked their bicycles in front of his garage leaning against the garage door. When the informant opened the garage door, two number of bicycles fell down, whereupon accused-opposite party No. 3-Manoj Kumar Jena raised protest and the other two accused persons, namely, Biranchi Kumar Kar and Jagannath Mishra joined him and all three of them attacked the informant and his son, Prem Kumar Mohanty (PW3). Accused-Jagannath Mishra instigated saying "SALANKU MARA" and accused-Manoj assaulted PW3 by fist blows on his face and accused-Jagannath Mishra assaulted the informant by fist blows in the left side of the head causing bleeding injuries.