Decided on September 21,1973

Chakradhar Patnaik Appellant
Benudhar Patnaik Respondents


S.Acharya, J. - (1.) THIS is an appeal under Section 417(3), Code of Criminal Procedure against the order of acquittal passed by the Munsif -Magistrate, Narsinghpur in I.C.C. Case No. 1 of 1968/202 Tr./68 dated 12 -11 -1969.
(2.) THE complainant and the accused, Respondent herein, are related as brothers. There were civil and criminal litigations between them. A criminal case between the two brothers (Criminal Misc. Case No. 2 of 1967) was decided against the accused on 23 -12 -1967. By the date of occurrence a civil suit between them was pending in the Court of the Subordinate Judge at Cuttack. Being unsuccessful in the aforesaid criminal case, the accused, on 31 -12 -1967, a bused the complainant in filthy and vulgar language when he was sitting near a shop in the market place. The complainant was, however, enraged, but he controlled himself and did not react in any particular manner to the abusive words hurled at him by the accused. The accused also threatened to assault the complainant, but he could not do so at the intervention of persons present near about the place of occurrence. The accused thereafter also continued to abuse the complainant in filthy language and went away from that place. The complainant in his deposition states that he was very much annoyed by the abusive and insulting words hurled at him by the accused, and his status in the society was lowered in the estimation of the public. The complainant, besides himself, examined two other witnesses of the locality who lend sufficient corroboration to the complainant 's allegations against the accused on almost all the material particulars. They also give out a consistent narration about all that happened during the occurrence.
(3.) THE accused denied the occurrence.;

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