NABAGHANA KAR Vs. BRAJABANDHU BEHERA

JUDGEMENT

(1.) The present revision petition has been filed by the complainant Nabaghana Kar alias Ghanshyam Kar against the acquittal of the opposite parties 1 to 12 by the learned Judicial Magistrate First Class, Jagatsinghpur on 6/2/1992 holding that the prosecution has failed to prove its case beyond all reasonable doubts under Sections 147, 148, 324, 325 and 149, I.P.C. in C.R. Case No. 845 of 1980. On the report of the application, a case against opposite parties 1 to 12 was registered by the police and charge-sheet was filed against them as aforesaid.

(2.) The incidence is of 9/8/1980. Early morning at about 6 a.m. when, according to the prosecution, P.W. 9 Bhagaban Kar was going to case in the out-skirt of his village Kirzapur, the accused persons who were hiding themselves in bamboo as clumps emerged out armed with deadly weapons like tonta, bhala, lathis, bow and arrows and assaulted P.W. 9 Bhagaban Kar. Apprehending danger to his life, he made hulla. Hearing the same, P.W. 6 Bhurba Kar rushed to the spot being followed by P.W. 8 Shantilata Kar and others. According to them, P.W. 5 Bhagaban Kar lodged a report in the police station (Ext. 2) and police sent them to the hospital where they were examined by the doctor Bhuban Mohan Khandanga (P.W. 11). The matter was investigated by P.W. 12 Narendra Prasad Singh.

(3.) The State has not preferred any appeal against the acquittal of the opposite parties.