BHABAGRAHI BISOI Vs. SANKIRTAN SAHU

JUDGEMENT

(1.) This is an Appeal under Sec. 378 (4) of the Cr.P.C., 1973, which has been preferred by the Appellant (who was the complainant in 1.C.C. No.34 of 1992) challenging the judgment of acquittal of the Respondents (those were the accused persons in 1.C.C. No.34 of 1992) from the offences under Ss. 294, 323 and 277 of the I.P.C., 1860 passed on dtd. 25/6/1993 in 1.C.C. No.34 of 1992 by the learned Judicial Magistrate First Class, Phulbani.

(2.) The case of the complainant (Appellant) against the accused persons (Respondents) before the Trial Court in 1.C.C. No.34 of 1992 was that, on 31/5/1992 at about 9 a.m. when he (complainant) was going towards village well to fetch water, the accused (Hadibandhu Sahu) came before him and obstructed. Then, the accused No.2 shouted against the family members of the complainant alleging that, they had killed his son through tantra. Immediately thereafter all the accused persons gathered there and surrounded the complainant, but when the complainant tried to proceed, then the accused persons assaulted him (complainant) giving fist blows and also abused him in filthy languages, but fortunately, Padmalava Bisoi (brother of the complainant) rescued him (complainant) from the clutches of the accused persons. Thereafter, all the accused persons threw stools to the house of the complainant, for which, without getting any way, the complainant filed the case vide 1.C.C. No.34 of 1992 against the accused persons alleging the aforesaid allegations against them.

(3.) On examination of the complainant and witnesses in 1.C.C. No.34 of 1992, cognizance of the offences under Ss. 294, 323 and 277 of the IPC was taken by the Court against the accused persons and trial of the case vide 1.C.C. No.34 of 1992 proceeded against the accused persons in the Court of Judicial Magistrate First Class, Phulbani for the offences under Ss. 294, 323 and 277 of the IPC, 1860.