DINABANDHU MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order dated 30-7-1999 passed by the Sessions Judge, Puri in Criminal Appeal No. 45/1997 confirming an order of conviction and sentence passed by the Judicial Magistrate, First Class, Puri in G.R. Case No. 1235 of 1996 (Trial No. 886of 1997) is impugned in this case.

(2.) On the basis of an F.I.R. filed by P.W. 1, the criminal action was set to motion. It is alleged in the F.I.R. that on 15-9-1996 at about 2 p.m., all the three petitioners came to the house of informant on a Rajdoot motorcycle and on the point of a Bhujali, threatened the informant's father, P.W. 2, that if he would not part with a sum of Rs. 5000/-, they would kill his son, P.W. 1. Out of fear, P.W. 2 paid a sum of Rs. 2000/- to the petitioners. It is further alleged in the FIR that P.W. 3, who happens to be the maternal uncle of P.W. 1, was present at the time of occurrence and was an eye-witness of the entire occurrence. On the basis of the said FIR, G.R. Case No. 1235 of 1996 was registered in the Court of J.M.F.C., Puri.

(3.) To substantiate the case, prosecution examined four witnesses and exhibited four documents marked Exts. 1 to 4.