SUNAKAR PRADHAN Vs. JADUMANI ROUT & ORS.

JUDGEMENT

(1.) The complainant as the Appellant has called in question the Order Dated 13.02.1991 passed by the Learned J.M.F.C., Kendrapara acquitting the Respondents for the offence under Section 323 of I.P.C. in ICC Case No. 151 of 1988 (T.C. No. 18 of 1989), they have facing the trial.

(2.) The case as laid in the complaint petition is that on 30.06.1988 morning around 6.00 am, when the Appellant was standing in front of the house of the Respondents, Respondent No. 1 first dealt him fist blows at the root of his left ear and then over the chest. This is said to be on account of prior enmity. It is next stated that Respondent No. 2 and 3 thereafter gave him slaps and pushes. They also dragged him towards their houses, when due to the intervention of local persons, they left the place. The Appellant was medically treated for the injuries and thereafter filed the complaint. The delay in filing the complaint is said to be on account of progress of talk of settlement in the matter at the instance of village gentries.

(3.) The case of the Respondents is that of complete denial.