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2008 Supreme(Ori) 1082

A.S.NAIDU
MUIJIT RANA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
N.C. Pati, A.K. Sahu and B. Sahu, for the Appellant; Additional Government Advocate, for the Respondent

JUDGMENT :

A.S. Naidu, J. - The judgment dated 30th May, 1991 passed by the learned Addl. Sessions Judge, Titilagarh in S.C. No. 35/10 of 1990 is assailed in this appeal.

2. By the impugned judgment the Court below has convicted all the Appellants of the charges under Sections 147, 148 and 307/149 IPC and has further convicted Appellants 3, 4, 5 and 6 namely, Budu alias Abhiram Rana, Jujesti alias Judhistir Rana, Dutta Rana and Muli alias Muniram Ram respectively, of the charge u/s 325 IPC. The Court below has sentenced all the Appellants to undergo R.I. for one month for each of the charges under Sections 147 and 148 IPC and to undergo R.I. for one year for the charge u/s 307/149 IPC. While the Court below has passed no separate sentence for conviction under the charge u/s 325 IPC, has directed that the sentences under the aforesaid two charges would run concurrently.

3. The prosecution case was that there was prior litigation over a piece of paddy land among the informant side and the Appellants and two of their co-accused (the two co-accused having been acquitted by the trial Court). It was alleged that on 2nd August, 1989 at about 7 a.m. forming an unlawful assembly being armed wi





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