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1992 Supreme(Ori) 55

S.C.MOHAPATRA
BHAGIRATHI BARIK – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.K.Mohapatra, D.K.MOHAPATRA, DEBASHIS DAS, G.MOHANTY, K.N.JENA, P.C.Pandey, P.PRADHAN, S.S.SWAIN, T.SINGH

S. C. MOHAPATRA, J.

( 1 ) ON 25-3-1991 at about 5 p. m. one Seru Saha lodged First Information report at Bhadrak, Rural Police-station that some persons set fire to the house of Piru Saha in another busti of the village. In view of the blaze and sound on account fire on the houses in the Busti, Muslim population of the village became panic stricken and screamed. On suggestion of some Muslim people, they left their houses. He sent his children to the mango grove of Baraju Pati. Thereafter, packing the belongings in two bundles, he along with his middle son, left towards the mango grove at about 2 p. m. On the way 20 to 30 unknown persons armed with deadly weapons like Barchha, Farsa, stick surrounded both father and son. They assaulted his son causing bleeding injuries. Finding this he ran to the grove and informed Saha and others of the village who were in the grove. Abhi Jena of the village who was there was requested to give water to his injured son. Abhi went to the spot and returning back informed that his son is already dead. Subsequent events were also narrated in the report.

( 2 ) ON investigation, four petitioners were arrested on allegation of having committed offences un






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