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2025 Supreme(Ori) 1165

IN THE HIGH COURT OF ORISSA AT CUTTACK
Sudhansu Sethy @ Babuli – Appellant
Versus
State of Orissa – Respondent


Judgment:

S.S. Mishra, J.

The present appeal arises out of the judgment and order of sentence dated 29.10.2005 passed by the learned Ad-hoc Additional Sessions Judge (FT-1), Keonjhar in S.T. Case No.64/31 of 2005/G.R. Case No.919 of 2004, whereby the learned trial Court convicted the accused-appellant under Section 324 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code” for brevity), sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for a further period of three months.

Prosecution Story

2. The prosecution case, as disclosed in the F.I.R., reveals that on 03.11.2004, the complainant, namely Purna Chandra Sahu of Birabarpur Patna under Town P.S., Keonjhar, lodged a written report before the O.I.C., Town P.S. It was alleged therein that at about 9.30 P.M. on the said night, while the Laxmi Puja immersion procession was proceeding towards Birabarpur Patna square, the accused, Babuli Sethy, attempted to obstruct the trucks on the road. At that juncture, the injured, Sekharlal Kumar Sahu, who is the brother-in-law of the complainant, questioned the accused as to why he was detainin

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