LAWS(ORI)-1994-11-1

ASHOK KUMAR JENA Vs. STATE OF ORISSA

Decided On November 17, 1994
ASHOK KUMAR JENA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Two petitioners faced trial before the learned Judicial Magistrate, First Class, Bhadrak on the accusation that they committed offence punishable under sections 448/ 342/385/506 read with section 34 of the Indian Penal Code, 1860 (in short IPC).

(2.) The accusations which led to the trial of the accused in brief are as follows: On 1.3.1983 at about 1.30 p.m. Kanhu Charan Das (P.W. 1) was teaching in Class VI of Korkora M.E. School of which he was the Headmaster. In his refusal to sign on a blank paper authorising repair of the school building, he was dragged by the accused persons to the Jubak Sangh Office assaulted and his movement was restricted by making him to sit on a chair. Kanhu was reached by the students and teachers of the institution from the Jubak Sangh Office. He lodged an information in the Bhandari-pokhari Police Station. Investigation was taken up and after completion thereof, chargesheet was submitted against the accused persons. The plea of the accused persons during me trial was one of complete denial of the occurrence. They took a positive stand that the Headmaster had foisted a false case against them due to previous enmity.

(3.) Six witnesses were examined in support of the prosecution case. In addition Kanhu who was the informant and was examined as P.W. 1, Mukundadev (P.W. 2) and Chakradhar Nanda (P.W. 3) teachers of the institution stated to have witnessed the occurrence. Laxmidhar Sahoo (P.W. 4) who was the student of the institution, deposed that the accused persons dragged the informant out of the class room. Basanta Kumar Pal (P.W. 5) a teacher of the Institution deposed about the rescue of the informant from the Jubak Sangh Office. On consideration of the evidence on record, the learned trial Judge found that the accused persons were guilty of offence punishable under section 342 I.P.C. and sentenced each of them to pay a fine of Rs. 200/- in default to under go S.I. for ten days. In appeal, conviction and sentence were maintained.