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1969 Supreme(Ori) 183

S.ACHARYA, A.MISRA
S. MANESU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
R.C. Patnaik, for the Appellant; Standing Council, for the Respondent

JUDGMENT :

S. Acharya, J. - This application, in effect, is for the correction of an error in the judgment passed by Narasimham C.J. (as be then was) in Criminal Revision No. 173 of 1964. As per the judgment of the Court below, the first four Plaintiffs in the said revision and the Plaintiff now before us, being the sixth Plaintiff therein, were convicted u/s 323, Indian Penal Code while Plaintiff No. 5 was convicted u/s 324, Indian Penal Code. But Narasimham, C.J. in the very first sentence of his judgment stated as follows:

The first four Plaintiffs were convicted u/s 323, Indian Penal Code and Plaintiff No. 5 was convicted u/s 324, Indian Penal Code by the S.D.M. (Judicial), Chatrapur and sentenced to one month's R.I. for the offence u/s 323, Indian Penal Code and two months R.I. for the offence u/s 324, Indian Penal Code and their appeal was dismissed by the learned Sessions Judge.

2. It is contended on behalf of the Plaintiff that the learned Chief Justice in summarising the conviction and sentence of the Plaintiffs before him, as above, missed, by an accidental Blip, to mention about the Plaintiff as one of the persons convicted u/s 323, Indian Penal Code along with the four oth






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