DONDAPANI SAMANTA RAI Vs. DURYODHAN PRADHAN

JUDGEMENT

(1.) THIS revision is directed against an order of acquittal passed by the learned sessions Judge of Ganiam in appeal. The respondents were convicted by the learned Trial Magistrate under Section 147 I. P. C. and each of them was sentenced to pay a fine of Rs. 100/- in default, to undergo R. I for one month each. They were also convicted under Sections 324 and 325 read with Section 149 i P. C and each of them was sentenced to undergo R. I. for three months under each count The sentences were tc run concurrently

(2.) THE prosecution case may be stated in brief At about 4 p m. , on the 24th january 1964. the suearcane crop of Dandapani Samanta Rai (P. W. 3) was damaged by a pair of buffaloes belonging to Sania Bhuyan (Respdt. 11 ). The buffaloes were tied to be taken to the pound. It resulted in a quarrel between P. W. 4 son of P. W. 3 and Duryodhan Padhan (Respdt. 1 ). P. W. 3 intervened. At the bidding of Duryodhan all the other accused who were his party-men came armed with lathis. Accused Gantayat Biswal (Respdt. 5) came with a Kati (a sharp cutting weapon ). They assaulted P. Ws 3, 8 and 9. P. W 3 lodged the F. I. R. (Ex. 5)immediately after Duryodhan and Bada Raghunath Bhuyan (Respdt. 2) took the plea that while they were passing on the way, they were assaulted by the members of the party of P. W 3. Other accused took a plea of complete denial.

(3.) THE learned Sessions Judge after a thorough examination of the relevant evidence came to hold that the prosecution witnesses were interested and untrustworthy and that the prosecution was guilty of suppression of material facts, in consequence whereof, it was difficult to say as to which version was true.