Insufficient evidence warrants discharge under Section 227 of the Cr.P.C.; previous acquittals of co-accused negate grounds for continued prosecution.

JUDGMENT :

V. Narasingh, J.

Heard Mr. B.K. Sharma, learned Senior Counsel for the Petitioner and Mr. S.N. Das, learned Additional Standing Counsel for State. None appeared for the private Opposite Party No.2 despite due service of notice.

Revisionist by way of this revision assails the order dtd.22.01.2024 at Annexure-1 passed by the learned C.J.M-cum- Assistant Sessions Judge, Nuapada in S.T Case No.79/46 of 2023 (Arising out of 1 CC No.12 of 2003 committed by the learned J.M.F.C., Sinapali) rejecting the prayer of the Petitioner in an application under Section 227 Cr.P.C., to discharge him of the charges under Sections. 147, 148, 341, 323, 325, 307, 506, 395, 149 and 120-B of I.P.C.

Case of the Petitioner/ Accused:-

1. Khirasindhu Meher (Opposite Party No.2) filed a written report on 11.04.2003 that on 10.04.2003 at about 12:30 p.m., one Gora Meher @ Rajib Lochan was proceeding towards the Jangya Mandap with a sum of Rs.16,000/- (Rupees Sixteen Thousand) by withdrawing the same from the bank. When said Gora Meher @ Rajib Lochan reached Gudia Chowk, the accused persons, by forming an unlawful assembly, were waiting there being armed with deadly weapons like lathis with the common object of killing Gora Meher and committing dacoity in furtherance, of the conspiracy hatched.

They obstructed Gora Meher and all of a sudden attacked him. For which, Gora Meher fell down from his motorcycle, whereafter the accused persons pressed his neck and dragged him. While dragging Gora Meher, the accused persons were giving him blows by fist and lathi as well as by shoes on different parts of his body. The accused persons were shouting, while assaulting him that nobody could save Gora Meher from death and not even God could save him. When the eye-witnesses present there protested, they turned a deaf ear and openly threatened that any person who came forward to give evidence against the accused persons, would be killed. At the time of assaulting Gora Meher, the accused persons had the intention of causing the death of Gora Meher. Gora Meher lost his sense during such assault and when the accused saw that the said Gora Meher had no sense, thinking him to be dead, they took away Rs.16,000/- from his pocket and ran towards the police station of Sinapali.

It was further alleged that S.I. Sri Prafulla Bagarti helped the accused persons escape from the spot. It was further alleged that prior to the incident, the Petitioner was seen roaming around in civil dress along with a gun at the place of occurrence and giving protection to the accused persons.

On these allegations, Sinapali P.S. Case No. 34/2003, corresponding to G.R. Case No. 98 of 2003, was registered under Sections 341 /323/325/506/34 of IPC .

1-A. After a month, on 15.05.2003, on the self-same allegation, the Opposite Party No.2 (Khirasindhu Meher) filed a Complaint Petition before the Court of J.M.F.C., Khariar, which was registered as 1 CC No.12 of 2003, alleging that the Petitioner took over the charge of Sinapali police station as its officer-in-charge. In the Complaint Petition it is alleged that other co-accused persons gradually developed intimacy with the present Petitioner and started taking liquor at the police station premises at night, taking advantage of their closeness. It is further alleged that Rajeev @ Gora Meher - Witness No.10 in G.R. Case No. 98 of 2003 had taken the leadership of arranging a “Batis Prahari,” which was to be held at “Jagyna Mandap” of Sinapali. The expenses of the said function were met by some villagers of Sinapali, who had contributed a sum of Rs.9,000/- to Opposite Party No.2 (Khirasindhu Meher), who is the complainant in the present case. The said Gora Meher had withdrawn a sum of Rs.7,000/- from his bank account. It was further averred in the body of the Complaint Petition that a sum of Rs.7,000/- was to be recovered and paid to Gora Meher after getting further contributions from the public.

1-B. The complainant further averred in the body of the Complaint