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2004 Supreme(Ori) 62

L.MOHAPATRA
SHYAMA SUNDAR BEHERA – Appellant
Versus
RASANANDA BEHERA – Respondent


Advocates Appeared:
A.C.MOHANTY, G.Routray, J.ROUT, N.Jena, N.K.DAS, R.P.BHAGAT, S.Acharya, S.K.AZIZ, S.K.JENA, S.K.NAGIMULTHA

L. MOHAPATRA, J.

( 1 ) THE petitioner in all the three revisions is the informant in G. R. Case No. 328 of 1993 registered for commission of offences under Sections 379, 294, 506 and 34 of the Penal Code and disposed of by learned Judicial Magistrate, First Class, cuttack. From the record, it appears that the case had been split up against the accused persons and three separate judgments have been delivered acquitting the accused persons resulting in filing of three revisions before this Court.

( 2 ) THE case of the prosecution is that on 9-4-1993 at about 5. 00 p. m. accused daitari, his father Rasananda and his brother entered into the plot under occupation of the informant armed with lathi and other weapons and threatened the informant to kill and abused him in filthy language. While the informant came out of land under his occupation, the accused persons removed the stones about 100 (one hundred) in number forcibly. After the F. I. R. was lodged on these allegations investigation was taken up and charge-sheet was submitted for commission of offences as aforesaid. In all the split up cases it appears the defence was one of denial and some witnesses were examined on behalf of th




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