JAGABANDHU BEHERA Vs. KSHETRABASI SAMAL

JUDGEMENT

(1.) THIS is an appeal from an order of acquittal of 31 accused-respondents on a charge against accused Kshetrabasi Samal under Sections 147, 323 and 325 indian Penal Code for being a member of the unlawful assembly having voluntarily caused hurt to the complainant-appellant Jagabandhu Behera and grievous hurt to him by dislocating a tooth by means of a knife-like black thing; against the other 30 accused-respondents under Section 147/323 Indian Penal Code for voluntarily causing hurt to the complainant by forming an unlawful assembly with the common intention to assault the complainant as alleged.

(2.) THE case arose out of an incident on October 4, 1962 which was a Thursday at broad day light in the morning at about 11. 00 a. m. in village Anantapur at Kujang melan Padia near the Dak Bunglow belonging to the former local zamindar, in course of which, the accused-respondents are stated to have assaulted the complainant Jagabandhu Behera (appellant herein) with lathis and sharp instruments -- all in the manner as stated by the eye-witnesses hereinafter discussed. The motive is said to be some enmity due to Grampanchayat election contest against the accused Kshetrabasi Samal and also previous enmity with him in connection with some litigation. The same day at 5. 00 p. m. the first information report was lodged by Maguni Charan Bis-wal who, however, was not examined at the trial. In the said first information report, he named the accused-respondent nos. 1 to 7, namely, Kshetrabasi Samal, Chakradhar Samal, Pranakrishna alias panu Majhi, Narayan Majhi, Narayan Panda, Dhadi Dalai, Brundaban Rout and two others. There is no mention of the other accused-respondents in the said first information to the police. On the said report to the police, a G. R Case No. 1943/62 was instituted against 10 accused persons (including accused-appellants 1 to 7) in the court of Magistrate Shri S. N. Murty.

(3.) IT was not until November 23, 1962 that a complaint petition was filed by the complainant Jagabandhu Behera before the Magistrate in which he named all the accused Nos. 1 to 31 including the accused Nos. 1 to 7 against whom the F. I. R. was already filed as aforesaid. The complaint petition was filed in these circumstances as stated in the complaint petition: The complainant was senseless due to the injuries on him; the doctor apprehending that he might die took from him a statement and sent him to the Cuttack hospital; he was under treatment in the hospital till November 18, 1962; it was after his discharge from the hospital he came to know that an F. I. R. had been lodged at the police station, but the local police remained silent. The complainant stated in his petition that although the police got evidence against all the accused-respondents, they submitted charge-sheet against only accused Nos. 1 to 10; it was also complained that the police had not taken step the complainant expressed doubt that the police had not given complete and accurate statement of facts in the case diary; that the police had submitted charge-sheet against only 10 persons and not against all the 31 accused-respondents. The complaint was numbered as 909 C-I/62/216 T/63 in the court of S. D. M. , Sadar, Cuttack.