CHAKRADHAR PATNAIK Vs. BENUDHAR PATNAIK

JUDGEMENT

(1.) THIS is an appeal under Section 417(3), Code of Criminal Procedure against the order of acquittal passed by the Munsif -Magistrate, Narsinghpur in I.C.C. Case No. 1 of 1968/202 Tr./68 dated 12 -11 -1969.

(2.) THE complainant and the accused, Respondent herein, are related as brothers. There were civil and criminal litigations between them. A criminal case between the two brothers (Criminal Misc. Case No. 2 of 1967) was decided against the accused on 23 -12 -1967. By the date of occurrence a civil suit between them was pending in the Court of the Subordinate Judge at Cuttack. Being unsuccessful in the aforesaid criminal case, the accused, on 31 -12 -1967, a bused the complainant in filthy and vulgar language when he was sitting near a shop in the market place. The complainant was, however, enraged, but he controlled himself and did not react in any particular manner to the abusive words hurled at him by the accused. The accused also threatened to assault the complainant, but he could not do so at the intervention of persons present near about the place of occurrence. The accused thereafter also continued to abuse the complainant in filthy language and went away from that place.

(3.) THE accused denied the occurrence.