SURENDRANATH BISOI Vs. HAREKRUSHNA SAHU

JUDGEMENT

(1.) Being aggrieved by the order dated 18.02.1992 passed by the learned Sub-Divisional Judicial Magistrate, Khurda in 1.C.C. Case No. 21 of 1989 (T.R. No. 412 of 1989) acquitting the respondent (accused persons) of the offence under sections 448/325/427/34 IPC, the complainant as the appellant has filed the appeal.

(2.) The case of the complainant (appellant) is that on 3.2.89 around 1 P.M., the respondent (accused persons) went to his house. It is stated that accused Harekrushna, then serving as the ASI attached to Nirakarpur Police Out-Post under Jankia Police Station asked Muli Bisoi (P.W.3) who happens to be the father of the complainant (P.W.1) as regards the whereabouts of his son namely, Upendra Bisoi, the brother of complainant. It is further stated that said Upendra was wanted in connection with a case which was pending investigation. It is alleged that when P.W. 3 denied to have any knowledge about the whereabouts of Upendra, said accused Harekrushna assaulted him by giving fist blows, slaps and kicks and then he being apprehensive of being further assaulted, entered inside the room. It is next alleged that said Harekrushna forced his entry thereto by breaking open the door with the help of the other accused Bhaskar and after severely assaulting P.W. 3 left the spot.

(3.) The accused persons have taken the plea of denial and false implication.