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1999 Supreme(Ori) 119

P.K.TRIPATHY
AJAYA MOHANTY – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.C.SVAMI, D.PANDA, G.R.MOHANTY, M.CHANDER

P. K. TRIPATHY, J.

( 1 ) IN this application under S. 482 of the Criminal Procedure Code, 1973 (in short 'the Code') petitioners who are the accused persons in Sessions Trial No. 85/73 of 1997 of the Court of Chief Judicial Magistrate-cum-Assistant Sessions Judge, Khurda have prayed to quash the order dated 28-2-1997 of the trial Court by which learned Assistant Sessions Judge framed charge against the petitioners for the offence under Ss. 25 and 27 of the Arms Act, 1959 and S. 326 and 307/149, IPC.

( 2 ) IT is alleged by the prosecution that on 21-4-93 at about 10 a. m. when the informant Siri Dei and a co-villager Buna Dei were tending cattle in and around the disputed cashew field, petitioners with many other (co-accused persons) came there with fire- arms and deadly weapons like Pharsa, Katuries and lathies, outraged modesty of the informant and on hearing her shout when her co-villagers came to the spot petitioners and the co-accused persons attacked and assaulted them by using the aforesaid weapons. That report of the informant was registered as Jankia P. S. Case No. 87/93 and C. K. Case No. 364 of 1993 in the Court of S. D. J. M. Khurda. After completion of investigation, c







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