DAITARI DAS Vs. KULAMANI PANDA

JUDGEMENT

(1.) THIS is a complainant's appeal against an order of acquittal passed by a magistrate, 1st Class, Cuttack.

(2.) DAITARI Das and Apart Das are cousins being residents of Kokolapur. Accused abdul Hamid also belongs to the same village. The other three accused Kulamani, birabhadra and Bansidhar come from the adjoining village Kanapur. It is the prosecution case that on 19-4-1958 at about 2-30 A. M. the accused persons attempted to commit robbery in the house of Aparti (P. W, 6 ). On the following morning Daitari lodged information (Ext. A) at Jagatsingpur Police Station in which he named only Abdul Hamid as one of the accused stating that 'some others' also participated in the occurrence. After investigation the Police submitted final report on 10-9-1958 stating that the case was "intentionally false". Thereafter the complainant filed a regular complaint on 10-1-59 against the four accused persons on the very same allegations and the accused persons were summoned to stand their trial. Accused Kulamani, Banshidhar and Birabhadra were charged under section 393 whereas accused Abdul was charged under Section 393/109 I. P. C.

(3.) THE plea of the accused persons was of a denial. They contended that on account of enmity and party factions this false easel has been foisted upon them.