DAITARI DAS Vs. STATE

JUDGEMENT

(1.) THIS revision is against the appellate judgment of the Sessions Judge of Mayurbhanj maintaining the conviction and sentence passed on the petitioners for offences under Sections 332, 342, 147 and 225, I. P. C. by a 1st class Magistrate of Bhadrak. Petitioner Bishu Das was, however, bound down under Section 562 (1), Criminal P. C. as he is said to be a boy of tender age.

(2.) THE petitioners are all residents of village Naikanidihi, P. S. Basudebpur in Bhadrak Subdivision of Balasore district. The prosecution case was that bailable warrants of arrest had been issued against petitioners Bholi Parida and Dwija Das by the Sub-divisional Magistrate of Alipur sometime in May, 1952 in a ease under Section 420, I. P. C. brought against them by one Lakshman Naik. The warrants were personally handed over to the Peskar of the S. D. M. at Bhadrak by the said Lakshman Naik and the S. D. M. , Bhadrak, endorsed the same to the Sub-Inspector of Police of Basudebpur thana for due execution. The latter directed ft police constable named Satrughna Mohapatra (P. W. 1) to secure the arrest of the accused persons and on 29-5-1952 at about 6 a. m. the said constable accompanied by the Dafadar, Choukidar and some other persons of the village effected the arrest of petitioner Bholi Barida after showing him the warrant and explaining its contents. He left Bholi in charge of the Dafadar in the village street and tried to effect the arrest of petitioner Dwija Das. The constable saw Dwija in his house and showed the warrant to him and also explained to him its contents. There upon, Dwija immediately rushed inside his house. The constable then pursued him inside but he was immediately caught hold of by Dwija, his brothers and other members of the family and severely assaulted. His Pugri, shoes and belt were snatched away and the warrants of arrest were torn to pieces. On hearing the shout of the constable, P. W. 4 and some other villagers attempted to come to his rescue but the door was shut from inside and they could do nothing. In the meantime, petitioner Bholi Parida escaped from the custody of the Dafadar (P. W. 4), entered the house of Dwija Das through the back door and joined in the assault of the constable. The constable was then tied with a rope inside the house. But sometime later, at the intervention of the villagers he was released.

(3.) IN the meantime, one Paramananda Pali (P. W. 3) ran to the police station and gave information (Ex. 9) which was recorded by P. W. 10 as the station diary entry and then investigation of the case was taken up. The police officer went to the village and found the constable with some injuries and his uniform torn. He collected some of them (Ex. VI series) and after the usual investigation submitted charge-sheet. He found injuries on the Dafadar (P. W. 4) and petitioner Daitari Das and took steps for the medical examination of all the injured persons.