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1989 Supreme(Ori) 374

K.P.MOHAPATRA
KUMARI GITA BYAS – Appellant
Versus
SURYA TANTI – Respondent


Advocates Appeared:
S.S. Basu, for the Appellant; D.K. Misra, on behalf of L. Mohapatra, for the Respondent

JUDGMENT :

K.P. Mohapatra, J. - This appeal is directed against the judgment passed by learned Judicial Magistrate, Jharsuguda, acquitting the Respondents of charges u/s 323, 354 and 509, I.P.C. The complainant is the Appellant.

2. The prosecution case in brief is as follows 80th the parties are residents of Chaukidarpara of Purunabasti in Jharsuguda town. On 18.1.1981 (date of occurrence) which was a Sunday, the Appellant had come for taking water from the public water tap. The Respondents were also present therefore the self-same purpose. It is alleged that Respondent Surya poured out the water from the Dekchi of the Appellant and further threw the water on her body. When the Appellant protested Respondent Surya rebuked her in filthy language caught hold of the Appellant's saree and pulled it and ultimately pushed her on the ground as a result of which she sustained a bleeding injury on the head. Thereafter, all the Respondents assaulted her by means of fist blows and kicks. This incident was seen by many persons who intervened and separated the parties. The Appellant came back and reported the incident to her parents. She accompanied her father to Jharsuguda Police Station where s











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