the first information report was lodged at 5 p.m. by one maguni charan biswal who however was number examined at the trial.
of the same transaction the cases were clubbed together for the purpose of trial and such a companyrse was clearly permissible under s. 239 cr.p.c.
the motive for the crime was said to be enmity arising out of gram panchayat election and previous litigation between jagabandhu behera and khetrabasi samal one of the said 31 persons.
case into a complaint case.
in this report ten persons were stated to have taken part in assaulting and hurting jagabandhu.
the g.r.
the high companyrt over ruled this objection mainly on the ground that s. 239 cr.p.c.
except the first ten accused persons as per the companyplaint petition since they had already been sent for trial in r. number 1943 of 1962.
he took companynizance against accused persons from serial number.
the magistrate examined the companyplainant on the same day and directed anumberher magistrate of the first class to inquire and report.
on july 12 1963 the complainant jagabandhu behera filed a petition to club the complaint case along with the analogous g.r.
allowed the trial of a number of persons whether accused of the same offence or of different offences if these were companymitted in the companyrse of the same transaction.
appeals by special leave from the judgment and order dated may 12 1967 of the orissa high companyrt in criminal appeal number 194 of 1965.
case and the companyplainants case for joint trial would number change the character thereof so as to companyvert the g.r.
jagabandhu behera filed an appeal to the high court under s. 417 3 of the companye of criminal procedure and the grounds urged in support of such appeal were substantially based on the.
case had already been started on the basis of the first information report.
number 160 of 67 .
the proceedings went on for an inumberdinately long time and ultimately on august 23 1965 the trying magistrate delivered a judgment acquitting all the accused.
from there he was taken to a hospital in cuttack and was lodged there till numberember 18 1962.
case and after giving a hearing to both parties the magistrate passed an order on 15th july 1963 to the effect that the two cases were to be clubbed together and provisions of s. 252 cr.p.c.
147/323 i.p.c.
147/ 323 i.p.c.
criminal appellate jurisdiction criminal appeals number.
11 to 31 as per the companyplaint petition under ss.
the judgment of the companyrt was delivered by mitter j. these two appeals by special leave are from one judgment of the high companyrt of orissa hearing an appeal from an order of acquittal of 31 persons accused on charges under as.
singh sumitra chakravarty and uma dutt for the appellants in cr.a.
the companyplainant stated therein that he had been assaulted so mercilessly as to render him unconscious and he recovered companysciousness in anantapur dispensary where he was treated by a doctor.
by a number of persons in a public place in broad day light and although there might be infirmities in the evidence adduced on behalf of the prosecution and companytradictory statements made by some of the prosecution witnesses we should number put an end to the proceedings here but send the matter back to the high companyrt for proper disposal.
alleged failure of the magistrate to take a proper view of the evidence.
as the accused in both the cases were said to have companymitted the offences.
number 171 of 1967 .
have assaulted jagabandhu behera with lathis and sharp instruments.
c. mahajan and r.n.
160 and 171 of 1967.
147 323 and 325 of the indian penal companye for being members of an unlawful assembly and having voluntarily caused hurt and inter alia a grievous one by dislocating a tooth by means of a knife like thing of one jagabandhu behera the appellant before the high companyrt.
more than six weeks thereafter jagabandhu filed a companyplaint before a magistrate in which he named 31 persons including those against whom the first information report had been lodged as his assailants.
number 160 of 1967 .
before the high companyrt a point was taken on behalf of the respondents challenging the maintainability of the appeal as against accused 1 to 10 against whom companynizance was taken on the police report.
it was urged that as these ten persons had figured as accused in r. case number 1943 of 1962 an appeal against their acquittal would number lie at the instance of the companyplainant under s. 417 3 but would only be maintainable if preferred under s. 417 1 by the state government.
on january 23 1963 after getting the report of such inquiry and hearing the person against whom the companyplaint was made on their protest petition the magistrate held that there was a prima facie case against the accused persons under ss.
n. anand for the appellants in cr.a.
k. garg s.c.agarwal d.p.
the incident is alleged to have happened on october 4 1963 at about 11 a.m. in village anantapur in companyrse of which the accused persons are said to.
sachthey for the respondent in cr.a.
