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2009 Supreme(Ori) 22

B.K.PATEL
Ramsn Chandra Sahu – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
B.Mishra, D.S.Mohanty, D.Sarangi, L.K.Panda, M.Mishra, P.K.Das, U.Ch.Patnaik,

JUDGMENT

(1) This revision is directed against the judgment passed by the learned additional Sessions Judge, Jeypore dismissing the Criminal Appeal No. 50 of 1993 (Criminal Appeal No. 152 of 1992 of the court of learned Sessions Judge, Jeypore)and confirming the judgment and order passed by the learned Additional Sessions judge-Cum-Subordinate Judge, Jeypore in s. C. No. 74 of 1991 (S. C. No. 292 of 1991 of the Court of Sessions Judge, Jeypore)convicting petitioner No. 1 under Section 337 of the I. P. C. and sentencing him to undergo R. I. for three months and to pay a fine of Rs. 200/-, in default R. I. for fifteen days; and petitioner No. 2 Sanjay alias Babuli under Section 307 of the I. P. C. and sentencing him to undergo R. I. for three years and to pay a fine of Rs. 1,000/-, in default r. I. for six months.

(2) Informant P. W. 1 is petitioner No. 1's estranged wife. Prior to the occurrence the informant was residing in a rented house separately from her husband. Petitioner No. 2 is informant's step son. Prosecution case, in brief, is that on 23-7-1991 at about 10. 00 a. M., P. W. 1 asked petitioner No. 2 as to why he used to bolt the door of her house from outside. At this, pet









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