BRUNDABAN SAHU Vs. PABITRA KUMAR SAHU

JUDGEMENT

(1.) This appeal has been directed against the order of acquittal dated 30.4.1988 passed by the learned C.J.M., Ganjam, Berhampur in I.C.C. case No. 22 of 1987.

(2.) Appellant was the complainant and Respondents were the accused in the Court below. They are all closely related to one another. While accused persons are father and son, complainant and accused Pabitra are co-son-in-laws, their wives being two sisters. They were running a rice mill jointly. Sometime after when misunderstanding developed between them, they entered into an agreement wherein it was agreed upon that the complainant would sell the rice mill to accused Pabitra for a consideration of Rs.94,000/-. It was further stipulated therein that till the rice mill was sold, accused Pabitra would pay a sum of Rs.600/- per month to the complainant towards rent. But since he did not pay it the complainant asked him for the same repeatedly. Ultimately, on 24.3.1987 he went to the rice mill where both the accused were present and asked them to pay the rent. At this both the accused got flared up, abused the complainant in obscene language and assaulted him on his cheek and waist causing injuries. On the same date complainant was medically examined by a private doctor and on the next date filed a written complaint before the S.D.J.M., Ganjam, Berhampur on the allegation that the accused persons committed offence under Sections 504/323 of I.P.C. After perusing the complaint petition and initial statement of the complainant the S.D.J.M. took cognizance of the offence under Section 294/323 of I.P.C. against both the accused persons. Then as it appears the C.J.M., Berhampur got the case transferred to her file and tried it. The plea of the accused-Respondents is one of complete denial of the alleged occurrence.

(3.) In order to prove his case the complainant examined four witnesses including himself as P.W.I as against none by the defence. After assessing the evidence on record the trial Court disbelieved the prosecution story and acquitted the accused-Respondents vide order dated 30.4.1988. As stated earlier, being aggrieved with the order of acquittal, the complainant preferred this appeal.