PRASANNA KUMAR SAMAL Vs. ANAND CHANDRA SWAIN

JUDGEMENT

(1.) PETITIONERS Nos. 1 and G have been convicted under Section 323 I. P. C. and the other petitioners under Section 323/109 I. P. C. and each of them sentenced to pay a fine of Rs. 30/- and in default, to undergo S. I. for ten days.

(2.) IN short, complainant's case, is that on 16-10-64 while P. Ws. 2 and 3 were taking some cattle belonging to petitioners to the pound alleging that they had damaged paddy crops in some field of Baligorada village, petitioner No. 1 assaulted P. W. 2 and threatened P. W. 3 when he intervened. The complainant (P. W. 1) tried to intervene, but was assaulted by petitioner No. 6. Thereafter, petitioners rescued and took away their cattle. Petitioners in defence deny to have assaulted P. W. 1 or P. W. 2. According to them, P. W. 1 and his villagers seized their cattle which were grazing on a waste land and when petitioner No. 1 protested, P. W. 1 rushed to assault him with a tangia. Petitioner No. 1 managed to snatch away the tangia and thereafter left the place, while petitioners drove away their cattle. The other petitioners deny to have been present at the time of occurrence.

(3.) THE learned Magistrate who tried the case accepted P. W. 1's version about the occurrence and the place where it is said to have taken place and found that petitioners Nos. 6 and 1 committed assault on P. Ws. 1 and 2 respectively. He accordingly convicted them under Section 323 I. P. C. So far as the other petitioners are concerned, he found them guilty of abetment and convicted them under Section 323/109 I. P. C.