while adducing evidence as PW-1 Manoj Kumar Rajak stated that he went to Bandhgarh village to enjoy “Gajanmela” on the occasion of Shiva Puja on 13th April, 2017 at about 9/10 p.m. He received a phone call while in the fair ground. Mr. Dipak Koibarta informed him that a dispute cropped up in the village. Having received such phone call around 12.30 a.m. he came back home together with his friends or companions. PW-1 further stated during cross-examination:- “On returning in front of my house, for the first time, I also found that accused person was assaulting my mother and brother, Panu Rajak and at that time I tried to rescue my mother and brother. I was assaulted by fists and blows when I tried to disperse the accused. Due to such assault and dash and push my mother and brother fall on the ground. Thereafter Ranjit Paitundi went away. Except those 10 to 15 persons no other persons came there. I was in my house till I took my mother and brother to hospital”. Such statement of PW-1 is bereft of any whisper about alleged use of abusive language touching the caste of the informant. However, this testimony of PW-1 unerringly indicates that the accused person assaulted his mother, brother and he was also assaulted in his bid to rescue them. There is every reason to hold that the accused person committed offence within the meaning of Section 323 of the I.P.C.
