STATE OF ORISSA Vs. SURESH CHANDRA PADHI

JUDGEMENT

(1.) IN this Government Appeal, the Appellant challenges the judgment and Order dated 1.9.1988 passed by the Sub -Divisional Judicial Magistrate, Anandapur in G.R. Case No. 121 of 1987/Trial Case No. 282 of 1987 acquitting the accused -Respondent of the charge under Section 332, Indian Penal Code.

(2.) THE case of the prosecution is that the informant was a lecturer in Physic attached to Anandapur College. On 14.5.1987 he was conducting examination as Invigilator in Room No. 20 of the college along with other Invigilators. Accused was a candidate appearing in the examination. At about 12.30 p.m. he was found indulging in mal practice and the informant seized the incriminating material from him. Latter, the accused was again found using another incriminating material. Hence, the informant asked the accused to hand it over to him. At this, the accused -Respondent became furious and gave the informant a push holding his throat. He then pressed the head of the informant against the table causing swelling injury. After this, the accused came back to his seat and holding the foot of a desk attempted to assault the informant on his head. The other lecturers of the College interfered and rescued the informant. Thereafter, the informant reported the matter to the Principal, who forwarded the report to the police station for necessary action. After routine investigation, final form was submitted under Section 332 Indian Penal Code against the accused.

(3.) THE plea of the defence was complete denial of the allegation. It was further pleaded that the informant had previous grudge against the accused -Respondent, as the latter being the Secretary had brought allegation against the informant.