GAYA BADTYA Vs. BANCHANIDHI BADTYA

JUDGEMENT

(1.) In this application under Section 401 of the Code of Criminal Procedure, the petitioner impugns the judgement passed by the learned First Additional Sessions Judge, Ganjam at Barhampur in Criminal Appeal No. 64/93 setting aside the judgement of conviction passed by the learned Judicial Magistrate, First Class, Aska, in ICC Case no. 56/87 wherein the accused persons opposite parties were convicted for offences under Section 325/34 IPC and sentenced to undergo R.I. for six months each.

(2.) The accusations that led to the trial of the opposite parties may be stated as follows :

(3.) The police had not sent the complainant and his son for X-Ray examination though suggested by the Medical Officer in his report. They were complied to go to Berhampur and got themselves examined by Private Doctor and from the X-Ray report, it could be detected that they had sustained fractures. Since the police had left out the opposite parties Banchha Badtya and Udaya Badtya, the present petitioner as complainant instituted a complaint case which was registered as ICC No. 56/87, wherein the learned Magistrate took cognizance of offences under Sections 341, 325, 426 IPC. However, charges were framed under Sections 325, 426/34 IPC.