Peju @ Muktikanta Nayak VS State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SIBO SANKAR MISHRA
Peju @ Muktikanta Nayak – Appellant
Versus
State of Orissa – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. D. P. Dhal, Senior Advocate
For the Respondent: Mr. Raj Bhusan Dash, Additional Standing Counsel

JUDGMENT

Sibo Sankar Mishra, J.—The present Criminal Appeal is directed against the judgment and order dated 30th November, 1998 passed by the learned Additional Sessions Judge, Bhadrak in S.T. No. 32/151 of 1996, arising out of G.R. Case No.1042 of 1994 (Tihidi P.S. Case No.78 of 1994), whereby the appellant has been convicted under Section 323 read with Section 149 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for six months. The remaining co-accused persons were acquitted of all the charges.

2. Heard Mr. D.P. Dhal, learned Senior Advocate, for the appellant and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.

3. The prosecution case, in brief, is that on 28.08.1994 at about 7 a.m., while the informant (P.W.1) Bichitrananda Nayak and his family members were present in their house, the accused persons, being six in number, allegedly formed an unlawful assembly and assaulted the informant and his brother (P.W.2) Rama Chandra Nayak due to a previous land dispute between the parties. During the occurrence, the deceased Maina Nayak, the mother of the informant, came to their rescue, when the present appellant, Muktikanta Nayak, is

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