ARIJIT PASAYAT
JUDHISTHIR PRADHAN – Appellant
Versus
STATE OF ORISSA – Respondent
A. PASAYAT, J.
( 1 ) PETITIONERS assail correctness of judgment in appeal passed by learned Addi. Sessions Judge, Balasore maintaining the convictions and sentences under sections 148 and 323 of the Indian Penal Code, 1860 (in short the IPC) in respect of petitioners Sashibhusan Sabu, Krutibas Pradhan and Sanyani Pradhan and under sections 148 and 323/149, IPC against the rest of the petitioners.
( 2 ) PETITIONERS faced trial on the accusation that on 16. 11. 1982 one Sarat Chandra Mohapatta (informant-PW1) was cutting paddy in his field. At about 10 A. M. the accused persons being armed with deadly weapons came there and as saluted him and his laborers causing several injuries, some of which were grievous in nature. The matter was reported at Baliapal Police Station and F. I. R. was lodged. After investigation, charge-sheet was submitted and petitioners faced trial for offences under sections 147/14913231 325, IPC. On evaluation of evidence, accused Sashi, Krutibas and Sanyasi were found guilty under sections 148/323/325, IPC and they were found not guilty under sections 147/149, IPC while others were found guilty under sections 148 and 149 read with sections 323/325,ipc and wer
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