GOURANGA CHARAN BHUYAN Vs. FAKIR CHARAN NAYAK

JUDGEMENT

(1.) THIS criminal revision arises in the following circumstances: The petitioner filed a complaint petition against the opposite parties on the following allegations; On 31 -3 -76 he went to the Patrapur Grama Panchayat Office to file quotation for lease of the Ferry Ghat at Patrapur and the opposite parties also went there for the same purpose. The petitioner took with him a cash of Rs. 2,200/ - to deposit the lease money in case his quotation was accepted. The opposite parties after coming to know that the petitioner was ready with cash to deposit the lease money entered into a conspiracy to commit theft of the cash. Opposite party No.1 directed the other opposite parties to take away the cash from the petitioner by applying force. Then opposite parties 2 to 6 held the petitioner down and opposite party No.1 took away the cash from the petitioner.

(2.) THE opposite parties were summoned to stand their trial under Section 380/352/149 IPC. After appearance of the opposite parties, since it was a complaint case, the evidence on behalf of the prosecution was recorded. The petitioner and two other witnesses were examined. At the time of consideration of the charge it was contended on behalf of the petitioner that a case under Section 395 IPC was made out against the opposite parties and hence the case should be committed to the Court of Session for trial. The learned Magistrate negatived this contention and framed charges under Sections 143 and 380/149 IPC against all the opposite parties as per his order dated 8 -9 -76. Aggrieved by this order the petitioner -complainant has come up in revision. It is urged in this criminal revision that on the evidence on record a case under Section 395 IPC has been made out against the opposite parties and the case is triable exclusively by a Court of Session.

(3.) "Dacoity" is defined in Section 391 as follows: