DHANAFUL MEHERANI Vs. BARU MEHER AND ORS.

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of acquittal recorded by the learned Subdivisional Judicial Magistrate, Patnagarh holding the Respondents to be not guilty in respect of commission of offences punishable under Sections 323 and 354 of the Indian Penal Code. The Appellant, who was the complainant in the court below, had alleged that there had been previous dispute between her on the one hand and the Respondents on the other and on November 11, 1978, the Respondents came in a body to the land which was in her cultivating possession while she and her brother (P.W. 3) were reaping till crops and at the instance of the other Respondents, the Respondent No. 1 Baru Meher pulled out the Sari of the complaint -Appellant (P.W. 1) as a result of which she became naked and at the instance of the other Respondents, the Respondent No. 1 went on mercilessly assaulting her with a piece of wooden staff (Merha). The Appellant as stated by her received medical treatment first at the Ghasian Primary Health Centre and then at the Subdivisional Hospital at Patnagarh whereafter she had also received treatment horn P.W. 4 at the S.C.R. Medical College Hospital at Cuttack. After she was discharged, she made a complaint in the court and the Respondents were prosecuted. Their case was one of denial and false implication.

(2.) TO establish her case, the Appellant had examined, besides herself, her brother (P.W. 3) and Niranjan Das (P.W. 2) as witnesses to the occurrence. Reliance had also been placed on the evidence of Dr. N.K. Agarwalla (P.W. 4). On a consideration of the evidence the trial court held that the case had not been established and accordingly an order of acquittal was recorded.

(3.) THE principles to be kept in mind while deciding an appeal against acquittal have been laid down by the Supreme Court In Solanki Chimanbhai Ukabhai v. State of Gujarat : A.I.R. 1983 S.C. 484. Their Lordships have observed and held: