KUNIA NAIK Vs. FAKIR MALIK

JUDGEMENT

(1.) The order of conviction and sentence passed by learned J.M.F.C., Puri in I.C.C. No. 151/1988 convicting the petitioners under sections 448 and 427, I.P.C. and sentencing each of them to pay a fine of Rs. 100/- on each count was conF.I.R.med by learned IInd Additional Sessions Judge, Puri in Crl. Appeal No. 11/169 of 1991/90 by judgment dated 1.8.1996. The said judgment is assailed in this Crl. Revision.

(2.) None appears for the petitioners. The order sheet also reveals that in earlier occasions, Le., on 20.8.2009, 25.8.2009 and 8.9.2009 no Counsel had appeared for the petitioners. Heard learned Counsel for the State. Perused the records. It appears that the opposite party filed a complaint case against the petitioners alleging that in the night of 5/6.10.1988 the petitioners trespassed into his house and forcibly procured his signature on a piece of blank paper, giving consent for construction of a road on the complainant's land. It is further alleged that on the following morning at about 8 a.m. all the petitioners entered into his house with arms and attempted to assault the complainant. They also committed theft of utensils and other articles. After observing necessary paraphernalia, learned J.M.F.C., Puri took cognizance of offence under sections 448 and 427 of I.P.C.

(3.) In order to substantiate his case, the complainant got examined four witnesses and exhibited two documents. On behalf of the accused, three witnesses were examined. Learned J.M.F.C. after vivid discussion of the evidence, both oral and documentary, came to the conclusion that the complainant was successful in establishing the guilt of the accused persons under section 448 read with section 427, I.P.C. and convicted them thereunder. After hearing learned Counsel on the question of sentence, learned J.M.F.C. awarded a fine of Rs. i00/- on each count; in default to undergo R.I. for one month. Said order of conviction and sentence was assailed by the accused-petitioners in Crl. Appeal No. 11/169 of 1991/90 and was heard by learned IInd Additional Sessions Judge, Puri. Learned IInd Additional Sessions Judge discussed the evidence in extenso and arrived at the conclusion that the accused-petitioners have acted in high handed manner and the complainant was able to prove the said overt act. It is further observed that the sentences imposed on the accused-petitioners were very liberal and called for no interference. The said judgment as stated earlier is assailed in this Crl. Revision.