PANDU DALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) -THIS application under section 482 Cr. P. C. has been filed by the petitioner challenging the order dated 29. 7. 2000 passed by the learned S. D. J. M. , bhanjanagar in G. R. Case No. 417 of 1994 (A)under Sections 241/294/323/337/506/34 i. P. C. read with Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) THE main contention of the petitioner is that the two other accused persons similarly situated having faced the trial and having been acquitted on the finding inter alia that the parties have entered into compromise and there is no evidence to support the case of the prosecution and in this split up case against the present petitioner, no further evidence implicating him is likely to come, no useful purpose would be served in allowing the present split up case against the petitioner to proceed any further.

(3.) THE prosecution case, in brief, is that on 18. 10. 1994 while the informant was purchasing egg at the shop of one Gandhia in village Nuagam, accused persons abused him in obscene language saying "hadi magia" and then they dealt lathi blows on his head causing bleeding injuries. It is also alleged that when the villagers tried to intervene the accused persons pelted stones at them causing injuries to many. The matter was reported in Bhanjanagar police Station and investigation was conducted.