18.03.2024 Savitri Ratho, J This revision under Section 401 of the Code of Criminal Procedure has been filed challenging the judgment and order dated 08.12.2005 passed by the learned Addl. Sessions Judge, Sonepur in Criminal Appeal No.28 of 2003 confirming the judgment passed by the learned S.D.J.M., Birmaharajpur in G.R. Case No.79 of 2001 (T.R. No. 138 of 2001) acquitting the petitioner from the CRLREV No. 39 of 2006 Page 2 of 13 charge under Sections 341, 332, 506, 34 of IPC and acquitting co-

accused Pabitra Mohan Hata @ Mitu from all charges and convicting the petitioner for commission of the offence under Section 353 of IPC and sentencing him to undergo S.I. for two years.

PROSECUTION CASE 2. The prosecution allegation in brief is that P.W.1 Khetra Bhoi, the home-guard posted as Birmarajpur Police Station, on 16.06.2001 at about 5.00 p.m., noticed a passenger bus “Pati Bus”

parked on the road causing inconvenience to the public and the traffic. He asked the petitioner who was the driver of the bus and the conductor to move the veh