GANESH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the order passed by the learned Sub-Divisional Judicial Magistrate, Bargarh convicting him under S.323 of the Indian Penal Code ('I.P.C.' for short) and sentencing him to pay a fine of Rs. 50/-, in default to undergo simple imprisonment for 15 days.

(2.) On the informant (P.W. 1) lodging F.I.R. (Ext. 1) charge sheet was submitted against the petitioner for having committed offences under Ss. 294 and 341, I.P.C. The substance of the allegations is that on 24-10-1978 at about 9 p.m. when the informant (P.W. 1) was returning to his house by the village lane, the petitioner appeared at the scene, abused P.W. 1 in obscene language restrained him from proceeding further and gave a push whereby, the petitioner fell down on the ground. The defence plea was denial of the occurrence.

(3.) The learned Sub-Divisional Judicial Magistrate took cognizance of the offences under Ss. 294 and 341, I.P.C. on 29-12-1978 and explained the particulars thereof to the petitioner on 5-2-1979. Thereafter, he proceeded with the trial of the case, recorded evidence of four witnesses in all, did not wait for recording the evidence of the investigating officer because, he did not appear in Court despite repeated summons and delivered the impugned judgment acquitting the petitioner of the charges under Ss. 294 and 341, I.P.C. and convicting him for the offence under S. 323, I.P.C. without addition or alteration of the charge as envisaged in S. 216 of the. Code of Criminal Procedure (hereinafter referred to as 'Cr. P.C.').