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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Jayakrushna Jena – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
The present Criminal Appeal is preferred by the appellants assailing the judgment and order dated 21.09.2001 passed by the learned Special Judge, Puri in S.T. Case No.62 of 2001, whereby the learned trial Court while acquitting all the appellants of the charges under Section 3 (1)(xi) of the SC & ST (PoA) Act, convicted them for the offences under Sections 323 of I.P.C. (herein after “I.P.C” for brevity) and in addition to that, the accused-appellant No.1, Jayakrushna Jena has been convicted for the offence under Section 294 of I.P.C. On that count, all the appellants were sentenced to pay a fine of Rs.500/- each, in default to undergo S.I. for fifteen days for the offence under Section 3 23 of I.P.C. and the appellant No.1 further sentenced to pay a fine of Rs.500/-, in default to undergo S.I. for fifteen days for the offence under of I.P.C.
2. Heard Ms. Biswarupa Pati, learned Counsel for the appellants and Mr. Ashok Kumar Apat, learned Additional Government Advocate for the State.
3. The prosecution case, in brief, is that on 11.10.1998 at about 9.00 to 10.00 a.m. in village Pakhimund, the accused persons, namely, Jayakrushna (appellant No.1), Kalandi (
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