KIRTAN DAS Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the appellate judgment of Sri L. Panda, Sessions judge, Cuttack maintaining the conviction of the petitioners Nos. 1 and 2 under sections 323 and 352, I. P. C. , respectively, and the sentence of fine of Es, 150 and rs. 60 imposed respectively on them by a First Class Magistrate, Jaipur.

(2.) THE prosecution case, in short, Is that at about 6 O'clock in the evening on 2711-1963 the petitioners along with a few others being armed with lathis went to the house of the complainant Baidhar Das (P. W. 1), and entered into his house by forcing open the door, and removed therefrom paddy, rice and utensils etc. ; and thereafter assaulted P. Ws. 2 and 3, the sister and mother respectively of P. W. 1 who were concealing themselves inside the house out of fear. Charge sheet was submitted against these petitioners and some others for offences under Sections 148, 149, 323, 324 and 426, I. P. C. As there was no evidence against the other accused persons, they were acquitted, but petitioners Nos. 1 and 2 were found guilty only under Sections 323 and 352 respectively, mostly on the evidence of p. Ws. 1, 2 and 3.

(3.) THE petitioners' defence was a total denial of the occurrence and they stated that the police officers, who were in the village a few hours before the alleged occurrence for enquiring into another case, had assaulted and injured these petitioners, and in order to shield themselves from any liability they concocted this false case against them.