BENUDHAR SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is preferred against the judgment of the learned Sessions Judge, Boudh -Khondmals, Phulbani, in Criminal Appeal No. 10 of 1985 confirming the order of the trial Court under Sections 294, 323 and 353, IPC passed against the accused Petitioner and sentencing him thereunder to pay a fine of Rs. 50/ - tinder each of the counts, in default to undergo simple imprisonment for five days.

(2.) THE prosecution case, briefly stated, is as follows:

(3.) THE learned Counsel for the Petitioner submitted that even if the entire prosecution evidence is accepted as true, in the facts and circumstances of the present case, it does not spell out an offence under Section 353, IPC. There appears to be much substance in the contention of the learned Counsel for the Petitioner.