S.K.SAHOO, J. - (1.) The petitioners have preferred this application under section 482 of the Cr.P.C. challenging the impugned order dated 28.08.2002 passed by the learned J.M.F.C., Nayagarh in G.R. Case No. 570 of 1995 in invoking its power under section 323 of the Cr.P.C. and finding prima facie evidence for commission of offence under section 302 of the Indian Penal Code against the petitioners which is exclusively triable by the Court of Session directed appearance of all the petitioners in person and posted the case for commitment. The petitioners challenged the aforesaid order dated 28.08.2002 before the learned Addl. Sessions Judge, Nayagarh in Criminal Revision No. 22 of 2002 and the learned Revisional Court vide impugned judgment and order dated 26.08.2003 has been pleased to dismiss the revision petition.
(2.) The prosecution case, as per the First Information Report dated 25.11.1995 lodged by one Bhikari Sahoo (hereafter "the deceased") before the Inspector in charge, Nayagarh Police Station is that on that day at about 7 a.m. while he was selling tiffin items on the outskirts of Harijan Sahi, the petitioners surrounded him being armed with lathis and assaulted him for which he fell down on the ground. The petitioner no.1 Suratan Bibi twisted the scrotum of the deceased for which there was bleeding and the deceased was shifted to Nayagarh Hospital in a rickshaw but on the way to the hospital, the petitioners nos. 2 and 3 namely Kalia and Dauli obstructed him and slapped him and threatened him not to proceed to the Police Station or else he would face dire consequence. It is further stated the First Information Report that the deceased was under treatment at Nayagarh Hospital and there was swelling on the scrotum and his head was reeling. On the basis of such F.I.R., Nayagarh P.S. Case No. 314 of 2015 was registered under sections 341, 323, 325, 506 read with section 34 of the Indian Penal Code. During course of investigation, the deceased was examined by the I.O. at District Headquarters Hospital, Nayagarh and the doctor noticed an abrasion of size 1/2" x ¼" on the right dorsal aspect of right scrotum and one contusion of size 1/2"x ¼" on the right mastoid process and both the injuries were opined to be simple in nature. The investigating officer visited the spot and examined the witnesses, collected the medical report from the concerned hospital and finding prima facie material against the petitioners for commission of offences under sections 323, 341, 506 and 34 of the Indian Penal Code, submitted charge sheet on 22.02.1996.
(3.) On receipt of the charge sheet, the learned S.D.J.M., Nayagarh took cognizance of the offences under sections 323, 341, 506 and 34 of the Indian Penal Code and then the particulars of the offences under sections 323/341/506/34 of the Indian Penal Code were read over and explained to the petitioners on 08.09.2000 and they pleaded not guilty.;