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G.N.RAY, K.JAYACHANDRA REDDY
Sikkar Bahera &. Ors. – Appellant
Versus
State of Orissa – Respondent


ORDER

K. Jayachandra Reddy, J. There are 14 appellants. They along with 25 others were tried for offences punishable under Sections 302, 302/ 34, 302/149, 232, 324 and 324/149, I.P.C. The trial court convicted l6 of them and acquitted the rest. On appeal, the High Court acquitted two of them namely A-2 and A-7 and convicted the rest. The 14 convicted accused have preferred this appeal.

2. The prosecution case is as follows.

The accused, two deceased persons and the material witnesses belong to Villages Khejuria and Dimirisena. There was a longstanding dispute between the two parties regarding possession of the lands belonging to the deity installed at Village Dimirisena. The deity owns 150 acres of lands out of which 100 acres were in possession of the tenants and the remaining 50 acres were being let out for being cultivation annually. The prosecution party claims that 40 families belonging to their party were in possession of those 50 acres of lands. Indra Kumar Patnaik, a trustee, entrusted the management of the affairs of the deity and its properties to the villagers of Dimirisena to which the prosecution party mainly belongs. There were Section 145, Cr. P.C. proceedings and a

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