RAMESH BURMA Vs. RADHAMADHAB SAHU

JUDGEMENT

(1.) THE Petitioner was tried along with three others for an offence under Section 323, Indian Penal Code. The trial Court convicted him under Section 323, Indian Penal Code and sentenced him to pay a fine of Rs. 100/ - or in default to undergo R. I. for one month. The other three accused persons were acquitted under benefit of doubt.

(2.) THE case of the complainant -opposite party was that he had monetary transaction with the father of the Petitioner. On 20 -10 -1972 at about 9.30 p.m. while he was present in a betel shop, the Petitioner went there and said that he (opposite party) was wanted by his father. When the opposite party said that he would go afterwards the Petitioner abused him in filthy language. When the opposite party protested, the Petitioner dragged him to a road where the other three accused persons arrived and all of them committed assault on him. He sustained bleeding injury on the head and was admitted into the Hospital where he was treated as an indoor patient till 27th October, 1972. After discharge from the Hospital he filed the complaint petition on 30 -10 -1972.

(3.) THE order of conviction is based mainly on the direct Evidence of P.Ws. 1, 3, 5 and the corroborative evidence of the doctor P.W. 2.