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1960 Supreme(Ori) 141

R.L.NARASIMHAM
ABBIRAM SABANI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M.S. Rao, M.K.C. Rao. and A.K. Rao, for the Appellant; Standing Counsel, for the Respondent

JUDGMENT :

Narasimham, C.J. - This is a revision against the appellate judgment of the Assistant Additional Sessions Judge. Cuttack maintaining the conviction of the Petitioners u/s 186 of the Indian Penal Code but reducing the sentence passed on them by a 1st Class Magistrate to a fine of Rs. 50/- each.

2. On 17-5-1957 the Chakla Kanungo (p.w. l) went to the house of the Petitioner, Abhiram Sahani with a distress warrant issued in a Certificate Case in which the said Abhiram was the certificate-debtor. He demanded the dues from Abhiram but when the latter refused to pay anything he told him that he would attach his moveable properties. Thereupon it was alleged that the Petitioners said in Oriya:

Do you consider it to be Firingi Raj? Let us see how you attach the property.

These statements were made in a loud tone with red eyes. The Kanungo got frightened and did not execute the warrant but in formed the authorities. On this report a case was started u/s 186 I. P. C. which ended in their convictions. The main contention raised by Mr. Rao on behalf of the Petitioner is that the aforesaid words uttered by the Petitioners would not suffice to show that there was "Obstruction" within the m




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