SRIRAM CHANDRA DAS Vs. KRUSHNA CHANDRA ROY

JUDGEMENT

(1.) THIS is an appeal preferred by the complainant against the order of acquittal passed by Sri P.C. Patro. Judicial Magistrate, second class, Cuttack on 21 -1 -66 in complaint case No. 259 C -1/64.

(2.) THE prosecution case is that the complainant was called to the shop of the accused through the latter's son on 27 -8 -64 at 11 a.m. When he reached the shop the accused suddenly flared up and abused him in filthy language. The words of abuse need by the accused have been quoted both in the complaint petition and also in the judgment of the trial Court. After abuse, the accused rushed towards the complainant and threatened him with assault. A gentleman of the locality intervened and the matter subsided. On these allegations charges under Sections 504 and 852 were framed against the accused.

(3.) THE defense is one of a denial. The accused not only denied the occurrence, but also the allegations that he had received a sum of money from the complainant for seeing' through the sale transaction.