DHANU BESRA Vs. PITABAS PANDA

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) THIS criminal appeal is against the order of acquittal passed by learned Asstt. Sessions Judge, Rairangpur in S. T. Case No. 17/45 of 1989-88. After grant of leave under s. 37 (4), Cr. EC. , this criminal appeal has been registered.

(3.) ACCUSED persons are admittedly the staff of Excise Department. Complainant p. W. 2 Dhanu Besra is a resident of village jarkani under Baholda P. S. in the district of Mayurbhanj. He was arrested in connection with the complaint (Police Report) lodged by the accused persons for committing overt act and attempting to murder. The Excise staff when were preparing to conduct a raid in the house of the complainant, P. W. 2 along with his younger brother were arrested in connection with that case on 23-1-1988, and after returning from jail being released on bail, P. W. 2 filed the complaint alleging commission of offences under Ss. 307/332/ 289/324/294/34, I. P. C. After inquiry under s. 202, Cr. P. C. Learned S. D. J. M. , rairangpur took cognizance of the offence under Ss. 457/325/323/34, I. P. C. Since the complainant with his brother were facing a sessions trial for the self-same occurrence, therefore, this case was tried as a counter case by learned Asstt. Sessions Judge, rairangpur.