R. K. DAS, J.

( 1 ) THIS is a complainant's appeal against an order of the Magistrate, 1st Class, jajpur, acquitting the respondent of an offence under Section 500. Indian Penal code.

( 2 ) THE complainant is the Sarpanch of Barumdai Gram Punchayet and the accused is the President of Radhamohan Grain Gola Cooperative Society. P. W 1 Khageswar naik. a sub-assistant registrar of Co-operative Societies. Cuttack Circle, called for a meeting of the aforesaid Grain Gola Co-operative Society on 24-11-1963, and requested the B. D. (. ). (P. W. 4) to inform all members by beat of drum to be present at the said meeting. The B. D O. in bis turn asked the complainant to give notice of the meeting as directed by P. W 1. The complainant, P W. 3 accordingly gave notice of the meeting and he himself attended the meeting though he was not a member of the Radhamohan Grain Gola Co-operative Society.

( 3 ) IT is the prosecution case that the meeting commenced at about 2 p. m. on 2411-1963 in the Barundi Resf Shed in the presence of a large number of persons including P. W 1. P. W. 2 the Co-operative extension officer and P W. 1, the B D. O. . Korai and a constable The accused Dinabandhu Patri who w