PRANA KRUSHNA BEHERA Vs. NIMAI CHARAN DAS

JUDGEMENT

(1.) THE Petitioner, Pranakrushna Behera and one Bhikari Charan Behera, who is since dead were charged under Section 341/385, Indian Penal Code for wrongful restraint and extortion on the allegations, inter alia, that on 26 -5 -1978 at about 10 P. M. they forcibly restrained the complainant, Nimai Charan Das, near Kasibazar Chak when he was returning home from the residence of his Advocate abused him and forced him at the point of a knife to sign on a blank paper. On hearing the hulla raised by Nimai Charan Das, the witnesses arrived at the spot and on seeing them both the culprits fled away. It was further alleged that by the date of the occurrence a proceeding under Section 145 Criminal Procedure Code was pending between the complainant and relations of the accused persons. The complainant did not accept the suggestion for compounding the said proceeding for which the accused persons resorted to the high handed action in order to obtain his signature on a piece of blank paper which could be utilised for the purpose of compounding the proceeding. On these allegations the complaint case bearing No. ICC 294 of 1978 was initiated against the accused in the court of the Judicial Magistrate, First Class, Cuttack.

(2.) BOTH the accused persons pleaded not guilty. Accused Prana Krushna Behera took the plea that on the date of occurrence he was on duty and the case was falsely filed against him due to enmity arising out of previous litigation. During pendency of the case before the learned Magistrate, Bhikari Charan Behera died and the case against him abated.

(3.) ACCUSED Prana Krushna Behera was found guilty under both the aforementioned charges and was sentenced to pay a fine of Rs. 50/ -, in default rigorous imprisonment for two weeks, under Section 341, Indian Penal Code and Rs. 250/ -, in default rigorous imprisonment for one month, under Section 385, Indian Penal Code On appeal, the learned Addl. Sessions Judge, Cuttack acquitted Prana Krushna Behera of the charge under Section 385, Indian Penal Code, but upheld the conviction and sentence under Section 341, Indian Penal Code He has filed this revision petition challenging the said order of the appellate court.