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1976 Supreme(Ori) 52

B.K.RAY
JAGAMOHAN SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGEMENT

1. The petitioners in these two revisions along with one Alli Kishore Patnaik were tried in G.R. Case No.356 of 1974 by Shri P. Kar, Judicial Magistrate, 1st Class, Berhampur for offences under R.43 (5) of the Defence and internal Security of India Rules (hereinafter called the 'Rules'), under Ss.145, 151, 224 and 332, Indian Penal Code and under S.32 of the Police Act. The trial Court found all the accused persons guilty under R.43 (5) of the Rules, under Ss.145 and 151 Indian Penal Code and under S.32 of the Police Act, convicted them there under and sentenced each of them to pay a fine of Rs.50/-, in default to simple imprisonment for ten days for each of the offences under R.43 (5) of the Rules, under S.145, Indian Penal Code and under S.32 of the Police Act. No separate sentence was passed for the offence under S.151, Indian Penal Code. All the accused persons were, however, acquitted of the charges under Ss.224 and 332, Indian Penal Code. All the accused persons preferred Criminal Appeal No.246 of 1974 against their order of conviction and sentence passed by the trial Court before the Sessions Judge, Ganjam. The learned Sessions Judge maintained the order of convicti



















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