JUDGMENT :

A. Pasayat, J. - Twelve persons who are opp. party Nos. 1 to 12 in this revision application, faced trial on the basis of an information lodged by the present petitioner, for allegedly having committed offences punishable u/s 341 and 294 read with Section 34 of the Indian Penal Code, 1860 (in short. 'IPC')- The learned Judicial Magistrate, First Class, Nayagarh did not accept the prosecution allegations, and directed their acquittal u/s 255(1) of the Code of Criminal Procedure, 1973, (in short, the 'Code').

2. The background facts as projected by the prosecution are as follows :

On 7-10-1987 at about 9 a. m. some of the villagers of Bakala- bandha were returning from Kanjian forest with fuel wood on their bullocks. On the way, at the outskirt of village Khutubandha some of the villagers of the said viilage(the accused persons headed by Narayan Biswal) restrained them and told them that the villagers of Bakalabandha cannot go on the village road of Khutubandha with their bullocks. Thereafter they abused them in filthy language. Out of fear the villagers of Bakalabandha did not tell them anything, and sent message to their village, for help. Chakradhar Swain, the present peti