GADADHAR GURU Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two revisions are disposed of by this common judgement since they arise out of the same judgement. The petitioners in both the revisions have been convicted under S.160, I.P.C. and sentenced to pay a fine of Rs. 51/-. The allegations against them were that both the groups of petitioners in both the revisions were fighting with each other at a public place disturbing the public peace. The prosecution case is that the informant A.S.I. had gone to the village on 1-7-82 for enquiring into Station Diary Entries Nos. 14 and is of the same day and during enquiry learnt that both, the groups of accused had fought with each other. For such reason, he drew up the F.I.R.. Ext. 6, and reported the matter to the O.I.C.

(2.) P.Ws. 1, 3, 4 and 5 have been examined as eye-witnesses to the fight by the two groups and P.Ws. 2 and 6 are the doctors who have been examined to prove the injuries respectively on the petitioners in Cri. Revn. No. 188/85 and Cri. Revn. No. 205/85 respectively.

(3.) An offence of affray in essence consists of three ingredients, the first being fighting by two or more persons, secondly, the fighting must take place in a public place and thirdly such fighting must also result in disturbance of the public peace. Only if such ingredients are satisfied an offence of affray can be said to have occasioned for which the persons causing the same would be responsible. The learned S.D.J.M. on an analysis of the evidence came to the conclusion that the two groups of petitioners had fought with each other on the village Danda which was a public place and thereafter observed that since the fight was at such a place, it was natural that due to the fight annoyance would have been caused in the locality and being of such view he convicted the petitioners.